Italy’s Supreme Cassation Court has issued a major ruling that could reshape the government’s strategy on irregular migration. The court declared that asylum seekers must be released immediately if their detention is not legally validated by a judge. This decision directly challenges the March 28 government decree that had strengthened measures for keeping irregular migrants in detention centers, including facilities operated by Italy in Albania.
The ruling is seen as a setback to Prime Minister Giorgia Meloni’s broader plan to control migration by transferring asylum seekers to centers outside Italy. Last October, Rome signed a protocol with Tirana to use two facilities in Albania, one of which was later designated as a repatriation center for migrants. The Cassation Court’s ruling, however, points out that keeping migrants detained without a validated order violates the Italian Constitution and must now be reviewed by the Constitutional Court.
The case that led to this ruling involved a Senegalese migrant who was first sent to an Italian-run detention center in Gjader, Albania. He had applied for international protection in June, but his request was rejected. Soon after, Italian authorities attempted to extend his detention, citing concerns about public safety due to previous criminal charges. His lawyer challenged the order, arguing that the detention lacked proper judicial validation and infringed on constitutional rights. The Supreme Court agreed that the issue raised serious constitutional questions and referred the matter to Italy’s Constitutional Court for further examination.
Judges noted that the government’s decree, which allowed migrants to stay in detention for up to 48 hours without validation, could severely undermine personal freedom. According to the court, holding someone in a center despite a judge’s refusal to validate the detention order is essentially unlawful. It risks creating a situation where migrants are kept for long periods without clear legal grounds, simply awaiting a new order from the police commissioner.
The court also raised concerns about equality before the law. It argued that the government’s decree discriminates against migrants by limiting their freedom in ways not applied to other individuals in Italy. For this reason, the court emphasized that the law may breach constitutional protections and cannot remain unexamined.
The Cassation Court’s intervention highlights growing tension between Italy’s tough migration policies and constitutional guarantees. Migrant rights advocates have long criticized the transfer of asylum seekers to Albania, calling it a move that distances migrants from legal support and judicial oversight. By insisting on immediate release when detention is not validated, the court has reinforced the principle that personal freedom cannot be suspended without full judicial approval.
The case is now in the hands of the Constitutional Court, which will decide whether the government’s decree can stand. Until then, the ruling sets a precedent that could influence how future cases of migrant detention are handled across the country. For now, asylum seekers held without validated detention orders will have to be released immediately, a decision that may significantly affect Italy’s broader migration strategy in the months ahead.