By order of 10th October 2024, the Ordinary Court of Brindisi (Civil Section), with reference to Articles 3, 11, 27 and 117 of the Constitution, deemed relevant and not manifestly unfounded the question of the constitutional legitimacy of Article 1, paragraph 2-sexies, of Legislative Decree No. 130 of 21st October 2020, converted into Law No. 173, of 18th December 2020, as amended by Legislative Decree No. 1 of 2nd January 2023, converted with amendments by Law No. 15 of 24 February 2023.

The referring judge highlights potential areas of conflict between the contested provision and the constitutional framework, in the part that mandates the administrative authority to impose the accessory sanction of administrative hold, in addition to a monetary fine. This applies in cases where the captain or shipowner of a vessel, navigating territorial waters for rescue purposes, fails to comply with the instructions of the national authority responsible for search and rescue operations at sea.

The referral order highlights, inter alia, the critical issues arising from the automatic imposition of that sanction, as it prevents the judicial authority dealing with the matter from tailoring its application in accordance with the principles of individualization and proportionality of punishment. This is particularly problematic given the highly punitive nature of the sanction, due to the significant impact that administrative hold may have on the economic activity of the sanctioned actor.

The text of the order is available at the following link, on the website of the Association for Legal Studies on Immigration (A.S.G.I.).