08/11/2024
Yesterday, the Advocate General of the European Court of Justice published his opinion on our lawsuit challenging the Facilitators Package (see slides).
The lawsuit was prompted by the Kinsa case, in which a Congolese woman in Italy faces five years in prison for “facilitating the unauthorized entry” of her daughter and niece, who arrived in Italy on false passports in order to seek asylum.
Unfortunately, the Advocate General’s opinion does not align with our claims! He upheld the legality of the EU’s framework, and that it is up to national courts to differentiate between cases and weigh the different interests involved.
While he noted that courts may choose not to punish individuals if it would be disproportionate, this is not mandatory, and "proportionate" remains vaguely defined.
Importantly, this opinion is not binding, and the court’s final ruling could still take a different direction.
We remain firm in our belief that facilitating unauthorized entry should not be criminalized at all and that people should have the right to move freely. At the very least, the EU should not criminalize acts motivated by solidarity, compassion, and the intent to uphold the dignity and rights of individuals.
The fact that we must legally fight for this is a telling mark of our times: the EU chooses to threaten people with jail time for helping and upholding the rights of others, rather than encouraging such acts.
PRO ASYL ECCHR - European Center for Constitutional and Human Rights borderline europe - Menschenrechte ohne Grenzen e.V.
