European Court Weighs Italian Migration Case: Humanitarian Grounds vs. Criminal Charges

A Congolese woman brought her daughter and niece with a fake passport is being considered by the EU court of justice and called for humanitarian justice. In a recent opinion, one of the advocate generals for the court has called for mercy.

An Italian case from the Bologna District Court has been sent to the European Court of Justice (ECJ) to debate whether a Congolese woman should face criminal charges for bringing her daughter and niece into Italy on false passports or for humanitarian purposes.

Richard de la Tour, the French Advocate General at the ECJ provided his opinion on the July 2023 case on November 7. According to court documents, the request was made by the Italian judiciary following the start of criminal charges against the Congolese national.

Keep Reading

The question of whether it should be illegal under EU law for someone to assist a third-country national in entering a member state illegally while acting out of compassion, altruism or solidarity with a humanitarian purpose or out of family obligations has been the subject of much discussion in European and international institutions. Since the adoption of Council Directive November 2002 which stated the promotion of unauthorized entry, transit, and staying has been the main reason for this topic of dispute in civil society.

De la Tour now affirms that he believes the directive’s language is “fraught with ambiguity.” He feels that in this specific instance, they need to be understood to provide the “possibility of exonerating someone from criminal liability, where that act pursues a humanitarian purpose.”

Dharshini RDA

Recent Posts

Bosch layoffs: German giant plans massive job cuts as ‘auto industry has significant overcapacities’

German firm Bosch - headquartered in Gerlingen near Stuttgart, is planning significant job cuts as the global auto industry faces…

November 23, 2024

UK Car Wash Bosses Convicted of Leading Migrant Smuggling Network

Following a National Crime Agency investigation, two men were found guilty of running a people smuggling ring from Caerphilly to…

November 23, 2024

Multiple arrests made at pro-Palestinian demonstrations in Montreal

Pro-Palestinian, anti-NATO protesters staged serious demonstrations in Montreal on Friday night, triggering multiple arrests. The protest came against a backdrop…

November 23, 2024

Senior Sudanese Officer Othman Jaafar Defects to Kenyan RSF Amid Rising Tensions in Sudan

Senior Sudanese Armed Forces (SAF) officer Colonel Othman Jaafar has defected to Kenya's Rapid Support Forces (RSF), acting in an…

November 23, 2024

Tabu Says ‘Work-Life Balance Is a Personal Choice’

Recently during an interview with The Nod, one of the most successful actresses of Bollywood Tabu came up with interesting…

November 22, 2024

Risking It All: Migrants Face Deadly Choices to Reach the UK

Migrants in Calais are forced to make life threatening decisions every day as they strive to reach the United Kingdom.…

November 22, 2024

This website uses cookies.

Read More