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.

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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.”