Source: All England Reporter
Publisher Citation: [2016] All ER (D) 38 (Oct)
Court: Court of Justice of the European Union (Fifth Chamber)
Judge:

Judges da Cruz Vilaca (Rapporteur and President of the Chamber), Biltgen, Borg Barthet, Levits and Berger

Judgment Dates: 6 October 2016

Catchwords

European Union - Citizenship - Acquisition - Defendants charged with having facilitated illegal immigration into Italy for Romanian nationals before accession of Romania to European Union - Effect of Romania's accession on criminal offence of facilitation of illegal immigration - Whether relevant EU principles should be interpreted as meaning that accession of a state to EU not precluding another member state from imposing criminal penalty on persons having committed, before that accession, offence of facilitation of illegal immigration for nationals of first state - Charter of Fundamental Rights of the European Union, art 46 - Treaty on the European Union, art 6.

The Case

European Union Citizenship. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 6 of the Treaty on the European Union and art 49 of the Charter of Fundamental Rights of the European Union should be interpreted as meaning that the accession of a state to the European Union did not preclude another member state imposing a criminal penalty on persons who had committed, before the accession, the offence of facilitation of illegal immigration for nationals of the first state.

Practice Areas

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