Judgment No. 27733 of 2023: Expulsion of Foreigners and Lack of Documents

The recent judgment of the Court of Cassation No. 27733, filed on June 26, 2023, has raised important considerations regarding the expulsion of foreigners lacking identification documents. In this article, we will examine the key points of the decision and its consequences for the individuals involved, as well as the relevant regulations governing it.

The Case and the Court's Decision

The case under review concerned a foreign national, M. C., who had been convicted and detained. The Supervisory Court of Bologna had ordered his expulsion pursuant to Article 16, paragraph 5, of Legislative Decree No. 286 of 1998. The central issue was whether the lack of a passport or identity document could affect the legality of the expulsion order.

Expulsion of a foreigner under Article 16, paragraph 5, of Legislative Decree No. 286 of 1998 - Lack of passport - Relevance - Exclusion. The expulsion decree issued under Article 16, paragraph 5, of Legislative Decree No. 286 of July 25, 1998, against a foreigner, convicted and detained in execution of the sentence, who is not in possession of an identity document or passport, is lawful. The lack thereof is relevant only for the execution of the measure.

The Court held that the lack of identification documents cannot constitute an obstacle to expulsion, emphasizing that the relevant issue is the legality of the expulsion order and not the availability of a passport. This represents an important legal precedent, as it clarifies that the absence of documents can be overcome by other considerations related to public safety and public order.

Implications of the Judgment

This judgment has several practical implications, including:

• Affirming the legality of expulsion even in the absence of identification documents.
• Reinforcing the principle of public safety as a priority in decisions concerning the expulsion of foreigners.
• Providing clarity on the procedures to be followed in similar situations, establishing an important precedent for courts.

Furthermore, the judgment is part of a European regulatory context that often requires document regularity for the management of foreigners, highlighting how national provisions may differ and how authorities must balance individual rights and collective security.

Conclusions

In summary, judgment No. 27733 of 2023 represents a significant benchmark in the field of immigration law and public safety in Italy. It clarifies that the lack of identification documents does not prevent the legality of an expulsion order, emphasizing the need to ensure safety and public order. Competent authorities can therefore proceed with expulsion even in the absence of a passport, always in compliance with current regulations and the procedural guarantees provided by law.