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

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

The Case and the Court's Decision

The case in question involved a foreign citizen, M. C., who was convicted and detained, for whom the Surveillance Court of Bologna had ordered 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 identification document could affect the legality of the expulsion order.

Expulsion of the foreigner pursuant to Article 16, paragraph 5, Legislative Decree No. 286 of 1998 - Lack of passport - Relevance - Exclusion. The expulsion order issued pursuant to Article 16, paragraph 5, Legislative Decree of July 25, 1998, No. 286, against the foreigner, convicted and detained in execution of the sentence, who does not possess an identification document or passport, is legitimate, as the lack of such documents is only relevant for the execution of the order.

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

Implications of the Ruling

This ruling has several practical implications, including:

  • Acknowledging the legitimacy of expulsion even in the absence of identification documents.
  • Reinforcing the principle of public safety as a priority in decisions related to the expulsion of foreigners.
  • Providing clarity on the procedures to follow in similar situations, establishing an important precedent for the courts.

Furthermore, the ruling fits into a European regulatory context that often requires the regularity of documents for the management of foreigners, highlighting how national provisions can differ and how authorities must balance individual rights and collective security.

Conclusions

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

Bianucci Law Firm