Turin's CIE - International University College of Turin

We are not in a position to draw conclusions about whether this recent 13 June 2012 Court
order has helped to influence the manner in which extension hearings are conducted in Turin.
However, in light of the current circumstances and past experience, it is legitimate to ask
ourselves what would actually happen if there were Giudici di Pace in Turin who continued not
to follow the Corte di Cassazione’s order n. 9596/12 of 13 June 2012.
3. GIUDICE DI PACE
Decreto Legislativo 286/1998 gives Giudice di Pace the jurisdiction to conduct validation
hearings and extension hearings. There are no specific provisions under European law that
precisely dictate what level of judicial or administrative authority should be used to determine
immigration and administrative detention matters. However, Article 13(1) of EU Directive
115/2008/EC does impose the requirement that the decision maker be competent, independent
and impartial.
The choice to give Giudice di Pace jurisdiction over validation and extension hearings in Italy
raises a number of concerns. During this research study we consistently received evidence that
called into question whether Giudice di Pace is the appropriate forum for a matter as serious as
immigration detention: “Giudice di Pace has a lack of information and a lack of training […] and
there is less authority by the Giudice di Pace in comparison to the toga [judges]” (Interview 5).
Another interviewee alleged that Giudici di Pace often have a superficial attitude: “the implied
understanding, although not expressed, is that you feel “so, here we are to validate” rather than
“we are here to decide the final result”” (Interview 5). All of the lawyers who were interviewed
expressed similar criticisms: “This kind of judge is completely inadequate and not prepared. In my
opinion we need a proper judge [giudice togato 120 ], one which also has a specific background”
(Interview 8).
In fact, the Giudice di Pace was originally created in 1991 for the purpose of settlement
procedures and it can be equated to what some countries would call a Small Claims Tribunal or
a local Civil and Administrative Tribunal. The Giudice di Pace usually decide matters like
neighbourhood disputes, trespass to land, contraventions of legislation concerning the
supplying alcohol to drunk people and summary criminal offences. Some interviewees went so
far as to accuse the Giudice di Pace of being completely inadequate, incompetent and
unprepared to embark on immigration decisions where a person’s liberty is at stake. For
example, in criminal law the Giudice di Pace does not have the power to sentence a person to
jail. Rather, the Giudice di Pace only has the jurisdiction to consider criminal matters where the
maximum penalty is a pecuniary sentence, such as a fine.
Although CIE hearings are administrative procedures, the judges are deciding on personal
freedom. Adopting Giudice di Pace as the forum to approve and extend immigration detention
seems to conflict with the entire basis of a legal system that values the notion of liberty
throughout its constitutional framework. It would be more in line with the constitutional idea
procedimento di concessione della proroga devono essere applicate le stesse garanzie del contraddittorio,
consistenti nella partecipazione necessaria del difensore e nell'audizione dell'interessato che sono previste
esplicitamente, ai sensi dell'art. 14, quarto comma, del d.lgs. n. 286 del 1998, nel procedimento di convalida
della prima frazione temporale dell'trattenimento”, Corte di Cassazione, Sezoni Unite Civili, ordinanza del 13
giugno 2012, n. 9596. Supreme Court, Unified Civil Section, order of 13 June 2012, n. 9596; see also Corte di
Cassazione, Sezone VI Civile, ordinanza del 19 giugno 2012, n. 10055. Supreme Court, Civil Section VI, order
of 19 June 2012, n. 10055.
120 A giudice togato is a judge who exercises a judicial function indefinitely and who is appointed via an open
and competitive application process.
66 | P a g e