Italy’s Constitutional Court has admitted three related cases (Ordinanze 2/2026, 3/2026 and 5/2026) filed on 21 September by the Court of Appeal of Lecce that could significantly reshape judicial oversight of immigration detention. At issue is whether recent legislative changes—which transferred competence for validating and extending migrants’ detention from specialised immigration sections of district courts to single judges in ordinary appeal courts—violate due-process guarantees. The challenged provisions are contained in the 2024 immigration-security decree (Law 187/2024). Critics, including the Italian Judges Association and several NGOs, argue that concentrating jurisdiction in single-judge chambers shortens deadlines for appeals and limits migrants’ access to specialised expertise, thereby conflicting with EU Directive 2013/33 on reception conditions. A ruling in favour of the complainants could force the government to reinstate specialised immigration courts or lengthen appeal windows—changes that would have direct operational impact on police holding centres (CPRs) and on employers seeking to regularise detained foreign workers. The government, for its part, says the reform was necessary to unclog backlogs and ensure uniform jurisprudence. Legal practitioners advise companies sponsoring work visas to monitor the case closely: if the Court annuls the current rules, detention orders issued under the new system could be invalidated, potentially accelerating release and regularisation. A public hearing is expected before year-end, with judgment likely in early 2027.
Source: Corte Costituzionale
