Decriminalising the Facilitation of Unauthorised Entry in EU Law: Kinsa as a first step? Comments on Case C-460/23, Kinsa, ECLz:EU:C:2025:392

Mitsilegas, Valsamis ORCID: 0000-0001-6424-7289 (2025) Decriminalising the Facilitation of Unauthorised Entry in EU Law: Kinsa as a first step? Comments on Case C-460/23, Kinsa, ECLz:EU:C:2025:392 EUROPEAN JOURNAL OF MIGRATION AND LAW, 27 (2-3). pp. 329-341. ISSN 1388-364X, 1571-8166

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Abstract

The Court of Justice delivered its first ruling on the compatibility of the ‘facilitators’ package’ with EU law in the case of Kinsa, on 3 June 2025. The present commentary will evaluate the assessment by the Court of Justice of the compatibility of EU criminal law on the facilitation of unauthorised entry with EU law, including with the Charter, and assess the extent to which the Court’s ruling in Kinsa constitutes a game-changer towards the decriminalisation of the facilitation of unauthorised entry in EU law.

Item Type:	Article
Uncontrolled Keywords:	EU Charter, principle of proportionality, right to family life, best interest of the child, right to seek asylum, facilitation of unauthorised entry, migrant smuggling
Depositing User:	Symplectic Admin
Date Deposited:	10 Sep 2026 11:14
Last Modified:	10 Sep 2026 12:16
DOI:	10.1163/15718166-12340204
Related Websites:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3201922
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