The Facilitation Directive and the Criminalisation of Humanitarian Assistance to Irregular Migrants

With renewed efforts to counter people smuggling in the context of an unprecedented number of migrants and refugees arriving at the borders of the EU, the study assesses existing EU legislation in the area – the so called 2002 Facilitators Package – and how it deals with those providing humanitarian assistance to irregular migrants. The study maps EU legislation against the international legal framework and explores the effects – both direct and indirect – of the law and policy practice in selected Member States. It finds significant inconsistencies, divergences and grey areas, such that humanitarian actors are often deterred from providing assistance. The study calls for a review of the legislative framework, greater legal certainty and improved data collection on the effects of the legislation.

Optimity contributed to the report. Read the full report here.

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