By order of 17 October 2024, the "Giudice di pace" of Rome raised a question of constitutional legitimacy regarding Article 14, paragraph 2, of Legislative Decree No. 286/1998 (Consolidated Immigration Act). The question concerns the violation of the legal reserve provided for in Article 13, paragraph 2, and Article 10, paragraph 2, of the Italian Constitution, on the grounds that, although this provision establishes a restrictive measure on personal liberty, specifically the detention of migrants waiting for repatriation in pre-removal Centres (CPR), it does not regulate the manner of such detention, as required by Article 13 of the Constitution.

In addition, the issue has been raised for alleged violation of the principle of equality under Article 3 of the Constitution (with reference to Articles 2, 13, 24, 25 and 111), citing the unjustified difference in treatment between administrative and penal detention. In the latter case, the Penitentiary Law Act regulates the modalities of deprivation of liberty and entrusts the judicial authority with the supervision of its implementation.

You can find a brief summary of the order in the Italian version.