Directive No. 2008/115 has not yet been implemented into Italian law, and therefore individuals are entitled to invoke the provisions of the directive against the Italian State if these provisions appear, from a substantive point of view, unconditional and sufficiently precise. Articles 15 and 16 of Directive No. 2008/115, which concern the modalities and conditions of detention, are unconditional and sufficiently precise; therefore, they can be directly invoked by individuals against the defaulting State.
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