International Protection and Detention: The Court of Cassation Clarifies Terms with Ruling No. 16529/2025

Immigration law and international protection are constantly evolving fields, with rulings from the Court of Cassation playing a crucial role in defining the application of norms. Ruling No. 16529 of May 2, 2025, fits into this context, addressing a matter of primary importance for foreign citizens subjected to administrative detention: the methods and timelines for the effective exercise of the right to request international protection.

The Regulatory Framework and the Key Issue

Administrative detention is a coercive measure for foreigners awaiting expulsion or rejection, governed by Legislative Decree of July 25, 1998, No. 286 (Consolidated Law on Immigration). Recent amendments, introduced by Decree-Law of October 11, 2024, No. 145, converted into Law on December 9, 2024, No. 187, have redefined the procedural framework. The key issue examined by the Court of Cassation concerns the moment when the intention to request international protection, often expressed during the validation hearing of detention before the Justice of the Peace, acquires legal value.

The Ruling of the Court of Cassation and its Implications

The Court of Cassation, with Ruling No. 16529/2025, has established a fundamental principle for the protection of asylum seekers' rights. The ruling states:

In the context of administrative detention of foreign persons under the procedural regime following Decree-Law of October 11, 2024, No. 145, converted, with modifications, by Law of December 9, 2024, No. 187, the expression of the will to request international protection made during the validation hearing scheduled before the Justice of the Peace pursuant to art. 14, paragraph 4, of Legislative Decree of July 25, 1998, No. 286, by the individual undergoing detention for the purpose of executing expulsion or rejection, is equivalent to the submission of the application, and from that moment, the deadlines provided for by art. 14, paragraph 5, of the aforementioned Legislative Decree No. 286 of 1998, as referred to by art. 6, paragraph 5, of Legislative Decree of December 18, 2015, No. 142, for its registration and decision, shall commence.

In simple terms, the Court of Cassation has clarified that the mere expression of the will to seek asylum during the validation hearing before the Justice of the Peace is sufficient to initiate the process. From that moment, in fact, the legal deadlines for the registration and decision of the application commence, as provided for by art. 14, paragraph 5, of Legislative Decree No. 286/1998 and art. 6, paragraph 5, of Legislative Decree No. 142/2015. This approach, which was applied in the case of the defendant Z. P.M. P. F., is crucial to ensure that the right to international protection is not hindered by mere procedural formalities, especially in a context of deprivation of personal liberty, in line with Article 13 of the Constitution and Article 5, paragraph 1, of the ECHR.

Conclusions: A Strengthened Fundamental Right

Ruling No. 16529/2025 of the Court of Cassation represents a significant strengthening of the protection of the rights of foreign citizens subjected to detention. By equating the expression of will to a formal submission of the international protection application, the Court has ensured more effective access to the right to asylum. This approach balances the needs of migration control with the inalienable respect for human rights and procedural guarantees, ensuring that personal liberty and the right to seek protection are fully safeguarded.

• Immediate Access: Verbal expression of will is sufficient.
• Certainty of Deadlines: Immediate commencement of procedural deadlines.
• Effective Protection: Alignment with the Constitution and European regulations.