Paoletti and Others (Judgment) [2016] EUECJ C-218/15 (06 October 2016)

Paoletti and Others (Judgment) [2016] EUECJ C-218/15 (06 October 2016)

The accession of a State to the European Union does not preclude another Member State from imposing a criminal penalty on persons who committed, before the accession, the offence of facilitation of illegal immigration for nationals of the first State. The acquisition of EU citizenship by the nationals after the offence does not alter the constituent elements of the offence or require retroactive application of more lenient law, as the offence was complete before accession.

Citation
[2016] EUECJ C-218/15
Parties
Accused: Mr Gianpaolo Paoletti and other Italian nationals; Referring Court: Tribunale ordinario di Campobasso (District Court, Campobasso, Italy)
Jurisdiction
European Union
Judgment Date
06 October 2016
Procedural Posture
Preliminary Ruling (criminal) / Reference for Preliminary Ruling From National Court
Outcome
Reference answered; criminal liability for facilitation of illegal immigration remains for acts committed before accession.
Legal Topics
Facilitation of Illegal Immigration, Retroactivity of Criminal Law, EU Accession Effects, EU Citizenship, Interpretation of EU Charter and ECHR
Criminal Law European Union Law Human Rights Law Facilitation of Illegal Immigration Retroactivity of Criminal Law EU Accession Effects EU Citizenship Interpretation of EU Charter and ECHR

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Parties

Mr Gianpaolo Paoletti and other Italian nationals

Accused

Tribunale ordinario di Campobasso (District Court, Campobasso, Italy)

Referring Court

Procedural Posture

Preliminary Ruling (criminal) / Reference for Preliminary Ruling From National Court

Legal Issues

  1. 1 Whether Romania's accession to the EU abolished the offence of facilitating illegal immigration of Romanian nationals committed before accession
  2. 2 Whether the principle of retroactivity of the more lenient criminal law applies to such offences

Ratio Decidendi

The accession of a State to the European Union does not preclude another Member State from imposing a criminal penalty on persons who committed, before the accession, the offence of facilitation of illegal immigration for nationals of the first State. The acquisition of EU citizenship by the nationals after the offence does not alter the constituent elements of the offence or require retroactive application of more lenient law, as the offence was complete before accession.

Court Disposition

Reference answered; criminal liability for facilitation of illegal immigration remains for acts committed before accession.

Orders

  • Article 6 TEU and Article 49 of the Charter must be interpreted as meaning that the accession of a State to the European Union does not preclude another Member State imposing a criminal penalty on persons who committed, before the accession, the offence of facilitation of illegal immigration for nationals of the...