ABSTRACT

The Centers for Identification and Expulsion (CIE) have for years been one of the most criticized aspects of the Italian management of immigration. This chapter analyzes the relevant discipline of the CIE, and focuses on both the preliminary procedure for the confinement of immigrants in these structures and the constitutional legitimacy of the entire discipline, also in light of the recent legislative decree 13/17 converted into law No. 46/17. The CIEs have been modified by the recent legislative intervention under examination in repatriation centers. In fact, the use of an expression such as the residence centers for repatriation continues to subtract the reality of the facts that is the assimilation of the stay at the Centers in question to a real administrative jail. The Legislator, therefore, far from resolving the criticalities present in the legislation, seems to have exacerbated the situation by causing a further compression of the guarantees provided for in Article 13 of the Constitution.