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Supreme Court of Cassation | Civil jurisprudence detail

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President: P. D’Ascola

Speaker: A. Scarpa

The United Civil Sections – following the public hearing on 30 January 2024, deciding on the immigration appeals proposed by the Ministry of the Interior against the decrees of the Court of Catania on detention at the border pursuant to art. 6-bis of Legislative Decree no. 142 of 2015 – asked the Court of Justice of the Union to rule, pursuant to art. 267 of the Treaty on the Functioning of the European Union, by preliminary ruling and with accelerated proceedings, on the following question of interpretation of Union law:

«If Articles 8 and 9 of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down rules relating to the reception of applicants for international protection, also taking into account the aims deducible from its recitals 15 and 20, preclude a regulation of domestic law which contemplates, as an alternative measure to the detention of the applicant (who has not handed over his passport or other equivalent document), the provision of a financial guarantee the amount of which is established as a fixed amount (in the amount single solution determined for the year 2023 at 4,938.00 euros, to be paid individually, via bank guarantee or insurance guarantee policy) rather than in a variable amount, without allowing any adaptation of the amount to the individual situation of the applicant, nor the possibility of establishing the guarantee itself through the intervention of third parties, albeit in the context of forms of family solidarity, thus imposing methods likely to hinder the use of the alternative measure by those who do not have adequate resources, as well as precluding the adoption of a reasoned decision that examines and evaluate on a case-by-case basis the reasonableness and proportionality of such a measure in relation to the applicant’s situation”.

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