On June 3, 2025, the Court of Justice of the European Union (CJEU) ruled that asylum seekers cannot face criminal sanctions for illegally entering EU territory if they are accompanied by dependent children.

This landmark decision originated from an Italian case involving a woman who entered Italy with her underage daughter and niece using false passports, claiming she was escaping threats.

The CJEU emphasized that penalizing such actions would severely interfere with fundamental rights, particularly the right to family unity.

Furthermore, the court clarified that an asylum seeker cannot be considered to be in the EU 'irregularly' without an initial decision on their application for international protection.

The ruling also stated that illegal entry with minors should not be viewed as contributing to illegal immigration, reinforcing the importance of protecting family life and the rights of minors.

The Italian court had referred the case to the CJEU to ascertain whether criminal sanctions were applicable under EU asylum law.

In its ruling, the court asserted that EU member states must comply with EU laws concerning irregular entry and cannot impose sanctions that exceed established legal frameworks.