Order of the Court of Cassation, VI Civil Section , No. 11451 of 14 May 2013

It is invalid the measure extending over the maximum time limit of 60 days the administrative detention in an identification and expulsion centre of the foreign national that cannot be immediately expelled. Such extension consists in a deprivation of liberty amounting to a violation of Article 5 of the European Convention on Human Rights and it is not allowed by Article 14 of legislative decree No. 286/1998.