Case Law 236/2008 (27/06/2008)
Authority: National Courts: Supreme Courts (Italy) - Corte Costituzionale
Subject: The Constitutional Court states that the question of Constitutional illegitimacy of art. 14, par. 5-quinquies of the Law 25 July 1998, n. 286 (Law on immigration and on foreigner’s state) as substituted by art. 1 of the law 12 November 2004, n. 271 (converted, with modifications from the law 14 September 2004, n. 241, providing urgent norms on immigration), raised with regard to artt. 3 and 13 of the Constitution, by the Court of Paola, division of Scalea, is not founded.
Indeed the Court states that compulsory arrest of the foreigner who does not obey the order to leave the National territory is legitimate, since the law in force in Italy on such matter is not in contrast with Constitutional principles and seems compatible with Community law.
Original language: Italian
Classification: Freedoms - Art. 19 Expulsion - Extradition - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties