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Italian Yearbook of Human Rights 2016

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Centro di Ateneo per i Diritti Umani

The Italian Yearbook of Human Rights 2016 provides a dynamic and up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level.

The 2016 Yearbook surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and universities. It also presents reports and recommendations that have been addressed to Italy in 2015 by international monitoring bodies within the framework of the United Nations, the Council of Europe and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy's position vis-à-vis internationally recognised human rights.

"Italy and Human Rights in 2015: Universal Ethics, Good Governance and Political Realism" is the focus of the introductory section of the Yearbook. Starting with the 1948 Universal Declaration of Human Rights, international human rights law plunged onto the world stage with very specific principles and rules, which represent so many points that are essential not only for the legality but also for the sustainability of the political agenda. The universal code of human rights, widely ratified by Italy, presses for a continuous commitment to perfecting the legal order, which has immediate significance for the good governance agenda.

The Italian Agenda of Human Rights 2016 represents an updated orientation tool with regards the main initiatives to be undertaken on the legislative, infrastructural and policy-making fronts in order to strengthen the Italian system for promoting and protecting human rights.

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Italy in the Case-law of the Court of Justice of the European Union

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I. Custodial Sentences in Cases of Illegal Re-entry into the National Territory

In case C-290/14, decided with judgment of 1 October 2015, the Court of Justice of the European Union (CJEU) ruled on the reference for a preliminary ruling presented by the Tribunal of Florence as part of criminal proceedings against Skerdjan Celaj, an Albanian national accused of having broken a ban on re-entering Italian territory imposed on him during a previous repatriation procedure. This crime is punishable with one to four years’ imprisonment under art. 13(13), lgs.d. 25 July 1998, No. 286 (Consolidated law on immigration).

The question put forward by the referring judge concerned the interpretation of directive 2008/115/EC (known as the “repatriation” directive), and specifically whether it was to be interpreted as preventing a regulation such as the Italian one allowing for a custodial sentence to be applied to a third Country national illegally resident in Italy, having re-entered Italy in violation of a ban on entry imposed during a prior repatriation procedure.

Having established that under directive 2008/115 Member States in principle have the competency to adopt regulations imposing custodial sentences on illegal re-entry by third Country citizens, the CJEU first of all draws a distinction between the case in question and the previous El Dridi and Achughbabian cases. While in these cases the third Country nationals illegally resident were subject to a first repatriation procedure, in the case in question the third Country national had entered...

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