Pushing Back - How to Limit Overcriminalisation of Assistance to Those in Need of Protection

Abstract

The CJEU has pending before it a crucial case on the criminalisation of seeking asylum and assistance to those seeking protection. At this critical juncture, this blog post highlights a sample of important decisions in which courts, giving effect to constitutional and international legal principles, set legal limits on this form of criminalisation. These cases reflect not only the appropriate legal limits, but also acknowledge the character of irregular migration and smuggling. Rather than framing individuals as dangerous illegal migrants and exploitative smugglers, they reassert the humanity of both those in search of refuge and opportunity, and those that assist them.

Keywords

• Criminalization of Humanitarian Work
• ECJ
• European Court of Human Rights
• Immigrant Smuggling
• Kinshasa Case
• Referral to the ECJ