Italy’s Constitutional Court (sentenza 120/2026) ruled on 3 July that the 20- to 30-year prison sentences introduced in 2023 for smugglers whose actions cause migrant deaths or serious injuries are not unconstitutionally disproportionate. The case reached the Court after a preliminary judge in Siracusa questioned whether the penalties, part of the government’s “Decreto Cutro” package, violated the principle of proportionality. The judges acknowledged the “exceptional severity” of the punishment but said the legislature may adopt a harsh deterrent when protecting “primary goods” such as life and physical integrity. They emphasised that the provision targets only the gravest conduct—transporting migrants in conditions that endanger life and in which deaths or grievous injuries actually occur—thereby passing the proportionality test. For immigration-compliance professionals the decision cements the legal environment in which corporate vessels, charterers and humanitarian NGOs operate in Italian waters. Shipowners must review due-diligence clauses with subcontracted captains and check that search-and-rescue protocols strictly follow the International Maritime Organization guidelines to avoid misinterpretation under the toughened article 12-bis of the Immigration Act. The ruling also strengthens Rome’s negotiating hand in Brussels as Italy campaigns for EU burden-sharing on Mediterranean arrivals; it can now cite constitutional backing for its hard-line stance. Critics, including several legal NGOs, warn that the judgment could drive smugglers to take even more dangerous routes, increasing risks for migrants. Businesses relocating staff to or through Italy should note that political focus on irregular flows may spill over into stricter scrutiny of all visa categories, making meticulous documentation essential for work-permit applications.
Source: la Repubblica
