Rome, 3 July (LaPresse) – With ruling no. 96 filed today, the Constitutional Court declared inadmissible the questions of constitutional legitimacy of Article 14, paragraph 2, of Legislative Decree no. 286 of 1998 (Consolidated Law on Immigration), raised by the Justice of the Peace of Rome in relation to the regulation of the detention of foreigners in repatriation centres. The objections were based on an alleged violation of numerous articles of the Constitution – including Article 13, paragraph 2, on personal freedom, and Article 117, paragraph 1, in relation to the European Convention on Human Rights (ECHR) – in addition to Articles 2, 3, 10, 24, 25, 32 and 111 of the Constitution. In particular, the Court recalls that the referring court had raised the question of the lack of primary legislation clearly and in detail regulating the conditions of detention in CPRs, considering this to be contrary to the absolute reservation of law in matters of deprivation of personal liberty provided for in Article 13 of the Constitution. Furthermore, it had denounced a difference in treatment between persons detained in CPRs and prisoners in prison, the latter being protected by the guarantees of the prison system. The Court, according to a statement, recognised the existence of an actual regulatory flaw, highlighting that the provision in question did not adequately define the “means” of restricting personal freedom, leaving room for discretionary regulations and administrative measures. Detention in CPRs, according to the Court, “involves physical subjection to the power of others, with direct repercussions on individual freedom”. Despite this finding, the Court declared the questions raised in relation to Articles 13 and 117 inadmissible, stating that it is not its task to fill the legislative gap, but “it is the exclusive task of Parliament to introduce comprehensive legislation that fully protects the fundamental rights of detained persons”.