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The “Facilitators Package” at the Bar: the Kinshasa case before the EU Court of Justice


Workshop THURSDAY 2nd NOVEMBER 2023
AULA MALLIANI  H.10:00  - Università degli Studi di Milano - Via Festa del Perdono 7 

On 17 July 2023, the Criminal Court of Bologna has raised to the Court of Justice of the EU, pursuant to Article 267 TFEU, the issue of the compatibility of the EU legislation on facilitating illegal immigration (“Facilitators package”), and the related Italian implementing provisions, with the Charter of Fundamental Rights of the EU. The main underlying question is whether the criminalization of facilitating the unauthorised entry foreign nationals is compatible with the principle of proportionality referred to in art. 52(1) of the Charter, insofar as it does not provide that the purpose of humanitarian assistance can be regarded as a justificatory ground for excluding criminal liability. 

The workshop aims to frame the question referred to the European Court in the relevant rules of European union law, criminal law, refugee and migration law, human rights law, as well as to assess the possible outcomes of the procedure and their foreseeable impact on Member States’ domestic criminal law



At the University of Milan an international workshop on the Kinshasa case, concerning the “criminalization of solidarity” against migrants and asylum seekers 

On 2 November 2023, an international workshop on the issue of the “criminalization of solidarity” against migrants and asylum seekers in Europe was held at the State University of Milan. The discussion was focused on the recent reference for a preliminary ruling to the Court of Justice of the EU, raised by the Tribunal of Bologna on 17 July 2023, concerning the compatibility with the EU Charter of Fundamental Rights of national and European criminal laws imposing criminal sanctions for facilitating irregular immigration, without excluding the punishability in cases of humanitarian assistance. The case is registered under number C-460/23 and all relevant documents are available on the website of the ECJ

The video, produced as part of the activities promoted by the Department of Legal Sciences Cesare Beccaria, as “Department of Excellence 2023-2025”, summarizes the highlights of the day and includes some statements by its speakers. 

Contact: Prof. Stefano Zirulia, Department of Legal Sciences "Cesare Beccaria"