Consultation: "CPR regulation does not respect personal freedom", Viminale: "Already at work for new regulation"

The current regulation on detention in repatriation detention centers does not respect the legal reserve on personal freedom, but it is up to the legislator to integrate it. The Constitutional Court says so, underlining that detention in CPRs implies a "physical subjection to the power of others", which affects personal freedom. The ruling therefore considered the vulnus denounced with regard to the absolute reserve of law to exist, since the contested provision contains a regulation that is completely unsuitable to define, with sufficient precision, what the "ways" of restriction are, or what the rights of the people detained are during the period, which could also be not short, in which they are deprived of personal freedom, a discipline left, almost entirely, to regulatory norms and discretionary administrative measures.

"The law establishing the repatriation detention centers dates back to 1998, namely the Turco-Napolitano law. Today's ruling by the Constitutional Court therefore highlights a shortcoming dating back in time without, however, calling into question the legitimacy of the use of the CPRs for the repatriation of irregular migrants. On this point, the offices of the Viminale were already engaged in drafting a primary law" sources from the Ministry of the Interior say.