Legal clinic supports with research for strategic litigation case

The HRC Legal clinic supports with research for strategic litigation case, in front of the Italian Constitutional Court

In 2021, ECRE, the AIRE Centre and the ICJ intervened in a case before the Italian Constitutional Court, with regards to the criminalization of humanitarian assistance. The students of Ghent University’s Human Rights and Migration Law clinic, Roel Stynen, Laura Pastor Rodriguez and Clémentine Leroy, with coach Birte Schorpion, supported with providing research during the preparation of the intervention.

The Court declared the constitutional illegitimacy of aiding and abetting irregular immigration insofar as it provides for the aggravation of the penalty up to 15 years of imprisonment for conduct carried out using international transport services or forged documents. The Court held that the penalty provided for was incompatible with the principle of proportionality laid down in Articles 27(3) and (3) of the Constitution.

A warm congrats to the students for their excellent work, ECRE for the great collaboration and to all partners involved in the strategic litigation, of obtaining this important result!

More information can be read here: ELENA Weekly Legal Update – 18 March 2022 (mailchi.mp)