Decision of the Court of Cassation, IV Criminal Section, No. 50379 of 25 November 2014

Based on legislative decree No. 286/1998 (on migration and the status of aliens), as complemented by decision No. 376/2000 of the Constitutional Court, the expulsion order issued against a foreign national whose wife, living with him, is pregnant may not be executed; neither the order may be executed for 6 months after the child’s birth. This principle applies also in case that expulsion is ordered as a preventive measure following the conviction of the alien for one of the offenses provided for in Italian legislation on drugs. Derogation is allowed only for reasons of public order or State security. The Court of Cassation underlined that these principles are in consequence of the State authorities’ obligation to respect, and to not interfere in private and family life of the individuals in accordance with Article 8 of the ECHR, as interpreted by the European Court of Human Rights in a number of decisions, including certain cases where compliance with Article 8 in Italy was involved.