Administrative Detention of Foreign Nationals: The Court of Cassation Clarifies the Timeliness of Extensions (Judgment No. 30294/2025)

The administrative detention of foreign nationals in Italy is a legal issue of great importance, impacting fundamental rights and public safety. The Court of Cassation, with Judgment No. 30294 of 04/09/2025, has provided essential clarification on the timeliness of extensions for this measure, annulling and remanding the judgment of the Court of Appeal of Sassari. This decision establishes a fundamental interpretative criterion to ensure certainty and protection of rights.

Context and Controversy

Administrative detention (Legislative Decree No. 142/2015, Legislative Decree No. 286/1998) is a restrictive measure of personal liberty (Art. 13 of the Constitution) for non-EU citizens awaiting repatriation. Legislative Decree No. 145/2024 (converted into Law No. 187/2024) has updated the framework. Article 6, paragraph 8, of Legislative Decree No. 142/2015 authorizes extensions not exceeding sixty days, within an overall limit of twelve months.

The controversy revolved around the "timeliness" of the extension decrees: the date of adoption of the police chief's decree or the date of the actual expiry of the previous detention period? This is a crucial distinction for the legality of the measure.

In the matter of administrative detention of foreign nationals under the procedural regime following Legislative Decree of October 11, 2024, No. 145, converted, with amendments, by Law of December 9, 2024, No. 187, the timeliness of each of the extensions that Article 6, paragraph 8, of Legislative Decree of August 18, 2015, No. 142 authorizes, from time to time, for periods not exceeding sixty days, within the overall limit of twelve months, is measured with reference to the expiry of the term subject to the initial detention, or the previously ordered extension, and not with reference to the date of adoption of the respective police chief's decrees, which must necessarily be issued in advance of the aforementioned expiry.

With this ruling (Rv. 288219-01), the Supreme Court establishes that the timeliness of extensions is measured with reference to the expiry date of the ongoing detention period (initial or previous extension), and not the date of issuance of the new police chief's decree. This ensures that the extension decree, even if adopted in advance, refers to a period that begins after the expiry of the previous one, ensuring continuity and legality of the deprivation of personal liberty and avoiding *de facto* premature extensions that would violate the maximum detention periods.

Practical Implications

Judgment No. 30294/2025 offers clarity and significant practical implications:

• Legal Certainty: It eliminates ambiguity regarding the *dies a quo* for the timeliness of extensions.
• Protection of Rights: It strengthens the guarantee that deprivation of personal liberty complies with legal limits.
• Authorities' Operations: Police headquarters have a precise criterion for issuing and managing extension decrees.
• Judicial Review: Judges can assess the legality of extensions with a clear reference point.

This ruling is essential for balancing the control of migratory flows with respect for human rights, as required by European law and the Italian Constitution.

Conclusions

Judgment No. 30294 of 2025 by the Court of Cassation represents a firm point in the regulation of administrative detention of foreign nationals. By clarifying the criterion of timeliness for extensions, the Supreme Court resolves an important interpretative issue and strengthens the guarantees for individuals subjected to this measure, ensuring that any limitation of personal liberty occurs in full compliance with constitutional principles and legal norms. It is an indispensable reference for the correct application of the regulations and the protection of migrants' rights.