No Benefit - Germany's section 96 in light of the Kinshasa Referral
Quadt, Teresa
Author
aut
(orcid)0009-0001-1990-3977
Text
xx#
2024
Verfassungsblog
2024-02-29
eng
On January 18, 2024, the German federal parliament (Bundestag) passed the controversial Repatriation Improvement Act which de facto criminalises humanitarian support for entry by land as well as entry of minors by sea, land, and air. The German provision resembles both in wording and substance Article 12 of the Italian Consolidated Immigration Act (TUI) whose compatibility with EU law the CJEU is set to rule on, following a preliminary reference procedure initiated in July 2023. While the effect of a pending referral is uncertain, in the current case, the German government should have suspended its legislative process.
CC BY-SA 4.0
Quadt, Teresa
Criminalization of Humanitarian Work
Kinshasa Case
legislation
migrant rights
Referral to the ECJ
342
https://verfassungsblog.de/no-benefit/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.59704/e758eeafcb91323c
240229
10.59704/e758eeafcb91323c
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