The detention of the international protection applicant (even if it is a repeated application) must be validated by the ordinary court. The procedure outlined in the new version of Article 29-bis of Legislative Decree 25/08 does not exclude the application of Article 6 of Legislative Decree No. 142/15, according to which the detention of an international protection applicant (even if it is a repeated application) must be validated by the ordinary court (paragraph 5, last sentence). This provision has not been modified due to the introduction of the so-called security decree and the conversion law No. 132/18.
Article 29-bis of Legislative Decree No. 25/08 refers to the examination of the repeated application, not its receipt, and therefore it cannot be considered as even being proposed. In this case, the validation of the detention of the applicant was not requested from the court despite the submission of the repeated application for protection at the CPR, and the statutory deadline for requesting it has long passed. The detention of the international protection applicant is therefore unlawful and issued in violation of Article 13 of the Constitution" - consistent with Tribunale di Bari R.G. No. 17660/2019.
Project funded by the European Union's Citizens,