Overview

• In judgment 96/2025 the court found current CPR rules lack the absolute legal basis required for restrictions on personal freedom
• Judges noted that confinement in repatriation centers constitutes a physical subjection to state power with direct impacts on individual liberty
• The court declared further constitutional legitimacy challenges inadmissible and stressed that only Parliament can fill the legislative void
• It criticized the extensive delegation of key procedural safeguards to secondary regulations and discretionary administrative acts as legally inadequate
• The Interior Ministry has already begun drafting primary legislation to implement clear, constitutionally compliant rules for migrant detention