The EU's new counter-smuggling directive proposal : persisting challenges and recommendations towards implementation

On November 28th, 2023, in the context of an international conference to announce the launch of a Global Alliance to counter Migrant Smuggling, the European Commission released its Proposal for a Directive to Prevent and Counter the Facilitation of Unauthorised Entry, Transit and Stay. It proposes to replace Council Directive 2002/90/EC and Council Framework Decision 2002/946/ JHA -the so-called "Facilitators' Package"- both in place since 2002.1 The Facilitation Proposal was accompanied by an additional proposal to enhance police cooperation and the powers of Europol in the area of migrant smuggling and human trafficking, and to establish the European Centre Against Migrant Smuggling. This Policy Brief examines the Facilitation Proposal. Motivated by the Commission's specific perspective, which views smuggling as inherently exploitative and abusive, our brief emerges from a critical examination of this stance. We analyse the proposed directive and provide recommendations that contribute to the debate surrounding its implementation.