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CJEU Case C-218/15 / Opinion

Criminal Proceedings against Gianpaolo Paoletti and Others

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Fundamental rights — Retroactive application of the more lenient criminal law — Effect of Romania’s accession to the European Union on the criminal offence of facilitation of illegal immigration into Italian territory committed before accession

Results (sanctions) and key consequences of the case:

  1. In view of the foregoing, I propose that the Court give the following answer to the Tribunale ordinario di Campobasso:

    Article 1(1) of Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, Article 1(1) of Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence and Article 49 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that a State’s accession to the European Union, after the criminal offence of facilitation of unauthorised entry and residence of nationals of that State into the territory of a Member State has been committed and before the offender has been tried, does not have the effect of nullifying that criminal offence.