Case summaries
Italy - Court of Cassation, 9 April 2015, No. 15279
Country of applicant:
Unknown
In case a further extension of the detention order inside an Identification and Expulsion Centre is requested by the Police Commissioner, the procedural right to be heard should be granted to the applicant. If the applicant raises an objection to the violation of his right to be heard, the requested authority shall inform of the grounds for refusing to acceede to the applicant’s argumentation. Otherwise the detention order is to be considered invalid.
Date of decision:
09-04-2015
Relevant International and European Legislation:
European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 15,Article 16,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 9