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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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OPINION OF ADVOCATE GENERAL KOKOTT in Joined Cases C‑228/21, C‑254/21, C‑297/21, C‑315/21 and C‑328/21 (References for a preliminary ruling)

20 April 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Freedom of information - Rule of law / Due process / Procedural fairness | Countries: Italy

Darboe and Camara v. Italy (Application no. 5797/17)

This case concerned age-assessment procedures and the placement in adult detention centres of two minors who arrived in Italy.

21 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Immigration Detention - Prison or detention conditions - Unaccompanied / Separated children | Countries: Gambia - Guinea - Italy

Commission v Poland (Mécanisme temporaire de relocalisation de demandeurs de protection internationale) (C‑715/17, C‑718/17 and C‑719/17)

Commission sought a declaration from the Court that, by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who could be relocated swiftly to its territory, the republic of Poland, Hungary and the Czech Republic failed to fulfil its obligations

2 April 2020 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Admission quotas - Burden-sharing and international co-operation - Resettlement | Countries: Czech Republic - Greece - Hungary - Italy - Poland

Ordinanza n. 24388

30 September 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Country of origin information (COI) | Countries: Gambia - Italy

Al-Sarraj and others v Maghur and others

The Supreme Court of Libya holds that concluding the Memorandum of Understanding with Italy was a sovereign act, and not an administrative decision. Courts therefore lack jurisdiction.

26 June 2019 | Judicial Body: Libya: Supreme Court of Libya | Topic(s): Memoranda of understanding (MOU) | Countries: Italy - Libya

Affaire Cordella et autres c. Italie (Requêtes nos 54414/13 et 54264/15)

24 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Human rights law - Right to family life | Countries: Italy

A.H c. Suisse

6 December 2018 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Ethiopia - Italy - Switzerland

Ordinanza n. 22233/18

2 September 2018 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Religious discrimination | Countries: Italy - Pakistan

A.N. v. Switzerland

the State party has an obligation to refrain from forcibly returning the complainant to Italy and to continue complying with its obligation to provide the complainant, in full consideration with him, with rehabilitation through medical treatment.

3 August 2018 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Italy - Switzerland

Hibaq Said Hashi v. Demark

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia

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