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Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 Update. Study Requested by the PETI committee. CEPS Special Report, Decenber 2018

Carrera, Sergio and Vosyliūtė, Lina and Smialowski, Stephanie and Allsopp, Jennifer and Sanchez, Gabrielle (2019) Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 Update. Study Requested by the PETI committee. CEPS Special Report, Decenber 2018. UNSPECIFIED.

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    Abstract

    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.

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    Item Type: Other
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > general
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > immigration policy
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > 2015 Migration Movement
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Centre for European Policy Studies (Brussels) > CEPS Special Reports
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 30 Apr 2019 10:34
    Number of Pages: 186
    Last Modified: 30 Apr 2019 10:34
    URI: http://aei.pitt.edu/id/eprint/97043

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