Italian Constitutional Court, judgment no. 158/2026, filed 2 October 2026
With judgment no. 158/2026, the Italian Constitutional Court declared Article 27(1) of Legislative Decree no. 159/2011 unconstitutional insofar as it did not include, among appealable decisions, an order by which the court rejects an application to revoke a preventive seizure.
The issue arose from a clear asymmetry: while the public prosecutor could challenge an order revoking a seizure, the person subject to the measure or a third party affected by it had no equivalent remedy against a decision maintaining the restraint.
According to the Court, that difference in treatment lacked reasonable justification and conflicted with equality and equality-of-arms principles, particularly given the significant impact a preventive seizure may have on property rights and, in particular, on the operation of a business.
The ruling therefore addresses a significant gap in protection by recognising the need for a refusal to revoke a seizure also to be subject to review by an appellate court.
The decision strengthens defence safeguards in property-related preventive measures, not only at the initial seizure stage but also when assessing whether the conditions justifying continued restraint remain in place.
