The European Commission Announces a New Legislation to Combat Illegal Migrant Trafficking

By
Adrian Gabor
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The European Commission Announces New Legislation Combating Illegal Migrant Trafficking

The European Commission officially announces a new legislation to combat the illegal trafficking of migrants, the Brussels authorities presenting below the measures that have been decided recently and which should have a major impact on illegal migration.

The European Commission is taking these measures after a very complicated period in the Community Space, and this is because we are talking about a very large number of migrants who arrive illegally on EU territory, but measures of this kind are intended to reduce the numbers in all the affected countries .

Today, the Commission is proposing new legislation to prevent and combat illegal migrant smuggling. The Commission also launched a call to action for a global alliance to combat migrant smuggling at the International Conference hosted in Brussels today.

Both actions follow President von der Leyen's State of the Union address in 2023, in which she called for strengthening all the tools at the EU's disposal to effectively combat illegal migrant smuggling by updating the 20-year-old legislative framework, strengthening the role of agencies EU, in particular Europol, as well as intensifying cooperation with partner countries to tackle this problem globally.

Together, these initiatives set the new legal, operational and international cooperation framework against migrant smuggling for years to come.

Migrant smuggling is a criminal activity that does not respect human life and human dignity in search of financial or other material benefits. Smuggling networks make substantial profits from their criminal activities, ranging from €4,7 to €6 billion annually worldwide.

The modes of operation of smuggling networks change rapidly, adapting to circumstances and the responses of national authorities. This is why the Commission is stepping up its efforts to combat this crime on a global scale.

A modern and strong EU legislative framework

The Commission proposes to modernize its legislative framework, by establishing minimum rules to prevent and counter the facilitation of unauthorized entry, transit and stay in the EU, with the following five objectives:

  • Effectively tracking organized crime networks. A clearer definition of the crime of smuggling is established to focus on activities motivated by financial or material benefits or highly likely to cause serious harm to a person. Inciting the public to come to the EU without authorization will also become a crime. This covers migrant smuggling promoted through digital tools and social media.
  • Harmonized sentences reflecting the seriousness of the crime: Cases of aggravated crimes – which cause the death of one or more people – will be punishable by a maximum prison term of at least 15 years, up from the current 8 years under existing EU law.
  • Improving jurisdiction: Member States' jurisdiction will also apply, for example, when boats sink in international waters and people die. Member States' jurisdiction also extends to other cases, including crimes committed on board ships or aircraft registered in Member States and crimes committed by legal persons doing business in the EU. The aim is to specifically target criminal networks. Activities such as humanitarian assistance by NGOs, fulfilling a legal duty to search and rescue, assistance provided by family members and migrants themselves must not be criminalised.
  • Strengthening Member States' resources and capacities: Member States should have adequate resources for their national authorities to ensure effective prevention, investigation and prosecution of smugglers. Member States should also work to prevent migrant smuggling through information and awareness campaigns, research and education programmes.
  • Improving data collection and reporting: Member States will be required to collect and report statistical data annually to improve the scale, case detection and response to migrant smuggling.