Waiting for Kinsa - The Criminalisation of Facilitating Irregular Immigration before the CJEU

Abstract

On 18 June 2024, the Court of Justice of the European Union will sit as a Grand Chamber in a hearing addressing the compatibility of the so-called Facilitators Package with the principle of proportionality set out in the EU Charter of Fundamental Rights (CFR). The Kinsa case (previously named Kinshasa) provides an opportunity for the CJEU to counteract the trend towards overcriminalisation of humanitarian action that has taken hold across the EU. This blog highlights the ways in which the Facilitator Package fails to take account of important fundamental rights and why the criminalization of solidarity that it has facilitated is not an inevitability but a political choice.

Keywords

• CJEU
• Charta der Grundrechte | Europäische Union
• European Charter of Fundamental Rights
• Kinshasa
• Kinshasa Case
• Charta der Grundrechte | Europäische Union