The Duration of Administrative Detention of International Protection Applicants: Judgment 17508/2025

The administrative detention of foreign nationals is a highly topical legal issue. Judgment no. 17508, filed on May 8, 2025, by the Court of Cassation (Judges G. Rocchi, E. Toscani), clarifies the maximum duration of "secondary detention." This refers to those applying for international protection while already detained in a Repatriation and Residence Centre (CPR). The ruling, within the legislative framework updated by Decree-Law no. 145 of 2024 (converted into Law no. 187 of 2024), defines the temporal limits of coercive measures.

The Regulatory Context and the Issue

The Court of Cassation has harmonized Legislative Decree no. 142 of 2015 (reception of protection applicants) with Legislative Decree no. 286 of 1998 (detention for expulsion/rejection). "Secondary detention" arises when an individual, already in a CPR awaiting expulsion, applies for international protection. The issue is the duration of this new detention, with a specific purpose.

The Ruling of Judgment 17508/2025

The Supreme Court has provided a legal principle that establishes the temporal limits:

In matters of administrative detention of foreign persons under the procedural regime following Decree-Law of October 11, 2024, no. 145, converted, with amendments, by Law of December 9, 2024, no. 187, the maximum duration of "secondary" detention ordered pursuant to art. 6, paragraph 3, Legislative Decree of August 18, 2015, no. 142, concerning a subject already present in a repatriation and residence centre awaiting the execution of an expulsion or rejection order, who has applied for international protection, is established by paragraph 5 of the aforementioned article 6, while the subsequent paragraph 6 must be understood to mean that, once the administrative procedure relating to the examination of the application has been concluded, the detention ordered for this purpose lapses, and cannot extend beyond the time necessary to conclude that procedure.

This ruling is crucial. The Court establishes that secondary detention, motivated by the application for international protection, has a maximum duration according to art. 6, paragraph 5, Legislative Decree no. 142 of 2015. The key point is that, once the application has been examined and decided, detention must cease. It is strictly linked to the administrative procedure and lapses with its conclusion. This principle ensures that deprivation of personal liberty does not extend beyond what is strictly necessary, in line with art. 13 of the Constitution and Directive 2013/33/EU.

Implications and Protection of Rights

The practical implications are significant for legal certainty. The decision emphasizes:

• "Secondary" detention has a specific purpose: the examination of the international protection application.
• Its duration is bound by the maximum legal term (art. 6, paragraph 5, Legislative Decree 142/2015) and the conclusion of the administrative procedure.
• Once the examination of the application is concluded, detention must cease.

This approach strengthens the protection of the right to personal liberty, preventing unjustified extensions and ensuring that deprivation of liberty is proportionate and limited, as required by the case law of the European Court of Human Rights.

Conclusions

Judgment no. 17508 of 2025 by the Court of Cassation is a fundamental piece in the legislation on immigration and asylum. It provides an authoritative interpretation on the duration of administrative detention for international protection applicants, emphasizing its functionality to the conclusion of the procedure. This principle strengthens guarantees for foreign nationals, ensuring that their liberty is not restricted beyond the limits imposed by law, the Constitution, and international law.