The principle of fraternity, at work in French law

French Constitutional Court sides with farmer who aided migrants

France’s Constitutional Court ruled on Friday that the “principle of fraternity” protected farmer Cédric Herrou from prosecution for aiding dozens of migrants from entering the country illegally.

The landmark decision – which will likely have far-reaching implications for the rest of Europe – stems from Herrou’s lawsuit challenging his conviction for smuggling migrants across the Franco-Italian border, and calling for an end to the “criminalisation of solidarity”.

The Constitutional Court found that Herrou could not be prosecuted for aiding migrants under the “principle of fraternity”, which is one of the three values that make up France’s national motto: Liberty, Equality and Fraternity.

“The principle of fraternity confers the freedom to help others, for humanitarian purposes, regardless of the legality of their presence on national territory,” the court wrote in its decision.

Neither this account nor the one the embedded link leads to is entirely clear.

It does not seem that he was actually smuggling people, but only that he was aiding them once in France.

Though it does seem he was charged with smuggling.

So it does not seem the court has created a right for coyotes to smuggle in people against the law.

But I could be wrong.

Interesting question how this might affect the new law criminalizing aid to illegals in Hungary, or immigration in the EU.