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Top EU Court Rules Migrants with Minors Not Aiding Illegal Immigration

  • The European Court of Justice ruled on June 3, 2025, that third-country nationals entering the EU with minors in their care do not facilitate illegal immigration by doing so.
  • This decision related to a Congolese mother who entered Italy in 2019 through Bologna Airport with her young daughter and niece using counterfeit passports and sought asylum after fleeing death threats.
  • The ECJ emphasized that accompanying minors for whom one exercises actual care reflects parental responsibility and is protected by EU fundamental rights, including family life and child protection under the EU Charter.
  • The court emphasized that penalizing the woman would infringe upon her fundamental rights and clarified that her actions—despite her irregular entry and use of false documents—should not be considered as aiding unauthorized immigration.
  • This decision narrows criminal liability under EU anti-smuggling laws and could influence future cases on immigration, though some politicians criticize it as conflicting with efforts to control unauthorized migration.
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A parent who enters Europe illegally with a minor child cannot be compared to a scafist. Both commit the crime of illegal entry, but the first cannot be challenged the aiding

·Italy
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Lean Right

A Congolese woman, with her daughter and niece, fled to Italy from threats of murder and was accused of smuggling.

·Vienna, Austria
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Illegal immigrants should not be punished if they secretly take their children to the country where they ultimately reside, as the European Court of Justice (ECJ) has decided.The article "Ideological coup d'état, which could open the door to uncontrolled immigration further," appeared first on Tichy's insight.

For Italian justice, O. B. was a human traffickers. He had used false documents to rescue his daughter and grandson, fleeing from the Democratic Republic of Congo, where she had been threatened with death. The contested crime is aiding immigration. After six years, the Court is right.

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VilaWeb.cat broke the news in on Tuesday, June 3, 2025.
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