European legal bodies group warns against criminalisation of assistance to irregular migrants

European legal bodies group warns against criminalisation of assistance to irregular migrants

Legal changes aimed at criminalising assistance to irregular migrants – meant to deter human trafficking – must not imperil human rights, the Council of Bars and Law Societies of Europe (CCBE) has said.

The CCBE said in a statement that it “wishes to express its utmost concern regarding the restrictions on human rights and rights of the defence which may arise from such legislative initiatives”.

It mentions that Article 18 of the EU Charter of Fundamental Rights enshrines the right to asylum as a fundamental right in EU law. Furthermore, Article 47 of the EU Charter guarantees the right to an effective remedy and effective access to justice, and Article 48 also guarantees the presumption of innocence and the right of defence as principles of EU law.

The statement adds: “Accordingly, restrictions imposed by national law on the activities of lawyers in the field of migration must always comply with these basic rights. Similar to humanitarian aid, activities of lawyers providing legal assistance cannot be criminalised. Access to justice is a fundamental right protected by the European Convention on Human Rights and is considered as one of the main pillars of the rule of law.”

Under EU law, the CCBE noted, no legislation can be adopted, interpreted or applied in such a way as to limit the possibility for a lawyer to provide legal assistance to any client, regardless of their origin or the way in which they entered the territory of the Union.

As a result of the legal changes, the LIBE Committee of the European Parliament has just proposed a draft resolution to prevent humanitarian aid from being considered a criminal offence.

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