Commentary evaluates the Kinsa ruling on unauthorized entry facilitation, suggesting potential for decriminalization in EU law.
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.
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Valsamis Mitsilegas (2025) studied this question.
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