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



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

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