The ruling of the Court of Justice in Kinsa: A first step towards the decriminalisation of the facilitation of unauthorised entry?
10 Thursday Jul 2025
The ruling of the Court of Justice in Kinsa: A first step towards the decriminalisation of the facilitation of unauthorised entry?
By Prof. Valsamis Mitsilegas, University of Liverpool, UK
One of the most eagerly awaited judgments by the Court of Justice in recent months has involved the litigation in the case of Kinsa. Its significance lies in the fact that this was the Court’s first opportunity to interpret the scope of EU criminal law on the facilitation of unauthorised entry, as well as the compatibility of the current overcriminalisation of facilitation with fundamental rights. The ruling is also a landmark because of its potential influence on shaping future EU criminal law in the field, particularly in view of the current negotiations on a new facilitation Directive to replace the facilitators’ package (see Mitsilegas, 2024). This commentary offers a rapid reaction to the Court’s ruling on Kinsa, which was delivered on 3 June 2025. The note will begin with outlining the background to the litigation and proceed with analysing the Opinion of the Advocate General and the ruling of the Court of Justice.