Article 14 of the consolidated act on immigration
LEGISLATIVE DECREE NO. 286, 25 JULY 1998
“Consolidated act of provisions related to immigration control and rules on the condition of foreigners”
Art.14
(Enforcement of the expulsion measure)
(Law no. 40, art.12, 6 March 1998)
1. When it is not possible to immediately enforce the removal measure by taking the person to the frontier or turning him back, since it is necessary to rescue him, to further check his identity or nationality or to acquire his travel documents, or when carriers are not available, the foreigner is held, by order of the “Questore” and for the time strictly necessary, at the nearest temporary stay and assistance centre, among those identified or set up by decree of the Minister of the Interior, in cooperation with the Ministers for social solidarity and for the Treasury, for the Budget and economic planning.
2. The foreigner is held in the centre in such a way as to ensure his assistance and the full respect for his dignity. Besides the provisions of art. 2, paragraph 6, in any case the freedom to get in touch, also by phone, with people outside the centre is guaranteed.
3. The “Questore” of the place where the centre is located transmits copy of the order to the “Pretore” (lower court judge) without delay and, in any case, within 48 hours since the adoption of the measure.
4. The “Pretore”, when the conditions provided for by art.13 and by this article are met, confirms the order of the “Questore” according to the terms described by art. 737 and following of the so-called code of civil procedure, having heard the concerned person. This measure loses any effect if it is not confirmed within 48 hours. Before this time-limit, the order can be confirmed also during the examination of the appeal against the removal measure.
5. Confirmation implies the foreigner’s stay for an overall period of 20 days. Upon request by the “Questore”, the “Pretore” can extend this time-limit by no more than 10 days, pending the repeal of the impediment to the removal of the foreigner. Also before the expiration of this time-limit, the “Questore” can enforce the removal of the foreigner as soon as possible, and informs without delay the “Pretore” about the measure.
6. An appeal against the confirmation and extension decrees mentioned at paragraph 5 can be filed to the Supreme Court (Corte di Cassazione) . The appeal does not suspend the enforcement of the measure.
7. The “Questore”, through the police, takes effective control measures in order to prevent the escape of the foreigner from the centre and provides for the prompt reinstatement of the measure in case it has been violated.
8. For the purpose of turning back, also collectively, foreigners to the frontier, it is possible to sign special contracts with transport agencies or with bodies, also international ones, that perform assistance work for the benefit of foreigners.
9. Besides the provisions of the implementing regulations and of the rules concerning the judicial system, the Minister of the Interior takes those measures which are necessary to implement the provisions of this article, also through agreements with other State administrations, with local bodies, with owners or licensees of lands, facilities and other equipment, and in order to provide goods and services. All derogations to the financial and accounting provisions in force are taken by both the Treasury, the Budget and the Economic Planning Ministers. Furthermore, the Minister of the Interior promotes all the initiatives which are necessary for the interventions which lie within the competence of other Ministers.
