Principle of lex mitior, Is that you? – Case note on C-218/15, Paoletti and others
| Author | Alessandro Rosanò |
| Date | 01 March 2017 |
| Published date | 01 March 2017 |
| DOI | 10.1177/2032284417699272 |
| Subject Matter | Case note |
Case note
Principle of lex mitior,
Is that you? – Case note on
C-218/15, Paoletti and others
Alessandro Rosano
`
University of Padova Law School, Padova, Italy
Abstract
The principle of applying the more lenient sanction – also called principle of lex mitior - constitutes a
general principle of national criminal laws as well as a general principle of Union law, as confirmed
by the Court of Justice of the European Union over time. In the case analysed here, a reference for
a preliminary ruling was made in order to understand whether said principle applied to the case of
some Italian nationals who had organised the illegal entry into Italy of some Romanian nationals.
More specifically, given that the illegal acts had been carried out before the accession of Romania to
the European Union, the Court was asked if Romania’s subsequent accession could have had any
effects on the criminal offence of facilitation of illegal immigration.
Keywords
Court of Justice of the European Union, Principle of lex mitior, facilitation of illegal immigration,
Italian Court of Cassation
Introduction
Over time, measures to combat the aiding of illegal immigration, the unauthorized crossing of
national borders and the exploitation of human beings have been taken by the European Union
(EU).
1
More specifically, in order to approximate the existing legal framework, provide the
Corresponding author:
Alessandro Rosano
`, University of Padova Law School, Via 8 Febbraio 1848, 2, 35122 Padova, Italy.
Email: a.rosano@hotmail.it
1. See generally J. Huysmans, ‘The European Union and the Securitization of Migration’, Journal of Common Market
Studies 38 (2000), p. 751; S. Lavenex, ‘The Europeanization of Refugee Policies: Normative Challenges and Institu-
tional Legacies’, Journal of Common Market Studies 39 (2001), p. 851; M. Samers, ‘An Emerging Geopolitics of
‘‘Illegal’’ Immigration in the European Union’, European Journal of Migration and Law 6 (2004), p. 27; F. Du
¨vell, ‘The
Pathways in and out of Irregular Migration in the EU: A Comparative Analysis’, European Journal of Migration and
New Journal of European Criminal Law
2017, Vol. 8(1) 6–13
ªThe Author(s) 2017
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DOI: 10.1177/2032284417699272
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