Proposal for a regulation on police cooperation to counter migrant smuggling and human trafficking : targeted substitute impact assessment

As part of a package to address migrant smuggling, on 28 November 2023, the European Commission proposed a regulation to strengthen police cooperation and Europol's role in the fight against migrant smuggling and trafficking in human beings (COM(2023) 754). The proposal was not supported by an impact assessment. Following a request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study presents a targeted substitute impact assessment of the proposed regulation. It provides an analysis of the current legal and political framework, reviews the problem definition and drivers identified by the Commission and assesses the proposed measures. It concludes that while the proposal seeks to address gaps in inter-agency cooperation and information sharing, it raises concerns about its alignment with existing frameworks, insufficient data protection safeguards, and risks of conflating criminal law with migration control. The study also examines the proportionality of the proposed measures and stresses the need for a more robust evaluation of fundamental rights impacts.