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CEPS Project

Fit for purpose?

The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 update

Unit Involved

Justice and Home Affairs

01 July 2018 / 31 October 2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, aims to update the 2016 study “Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants”. It takes stock of and examines the latest developments that have taken place since 2016, specifically the legislative and policy changes, along with various forms and cases of criminalisation of humanitarian actors, migrants’ family members and basic service providers. The study uses the notion of ‘policing humanitarianism’ to describe not only cases of formal prosecution and sentencing in criminal justice procedures, but also wider dynamics of suspicion, intimidation, harassment and disciplining in five selected Member States – Belgium, France, Greece, Hungary and Italy. Policing humanitarianism negatively affects EU citizens’ rights – such as the freedom of assembly, freedom of speech and freedom of conscience. When civil society is effectively (self-)silenced and its accountability role undermined, policies to combat migrant smuggling may be overused and give rise to serious breaches of the EU’s founding values, notably the rule of law, democracy and fundamental rights. Moreover, policing humanitarianism negatively affects wider societal trust and diverts the limited resources of law enforcement from investigating more serious crimes.

CEPS Project

Project Details

Justice and Home Affairs


Fit for purpose?

The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 update

More About...


This project was funded by the European Parliament, DG for Internal Policies of the Union.
Contact
Sergio Carrera Sergio Carrera
Sergio Carrera
+32 (0)2 229 39 26

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