The responsibility of Italy in the effective prosecution against migrant smugglers and traffickers

Every year thousands of irregular migrants, including asylum seekers and refugees, cross the Mediterranean Sea to enter Europe. The reasons for crossing the Mediterranean Sea are numerous: some migrants are fleeing conflict and persecution; others simply seek a better life in EU member state. Many of these are victims of migrant smuggling1 and human trafficking: two different criminal phenomena, each having its own legal framework. Government instability and internal conflicts in many African countries favor smuggling because criminal organizations, can manage migrants in their territories and make them victims of trafficking. The theme of this paper aims to dwell on the chain of migratory movements, the problems of human trafficking and smuggling of migrants to Italy and on the solutions in case law as developed by Italian Court.