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Summaries of EU Legislation

    Defining the facilitation of illegal immigration

    Legal status of the document This summary has been archived and will not be updated, because the summarised document is no longer in force or does not reflect the current situation.

    Date of last review:
    30/11/2010
    Initial creation date:
    30/11/2010
    Summarised document(s):
    Author:
    Publications Office of the European Union
  • Archived: true

    • Defining the facilitation of illegal immigration

    To improve the prevention of the facilitation of illegal immigration, this directive provides European Union (EU) countries with a common definition for such infringements.

    ACT

    Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence.

    SUMMARY

    With a view to creating an area of freedom, security and justice, the European Union (EU) must take measures to combat the aiding of illegal immigration. To this end, EU countries’ legal provisions regarding such offences must be harmonised.

    Consequently, this directive provides a common definition for the “facilitation of illegal immigration”, thus improving the application of the penal framework for preventing the facilitation of illegal immigration.

    Infringements

    The directive defines the following as infringements:

    • assisting intentionally a non-EU country national to enter or transit through the territory of an EU country, in breach of laws;
    • assisting intentionally, and for financial gain, a non-EU country national to reside in the territory of an EU country, in breach of laws;
    • instigating, assisting in or attempting to commit the above acts.

    EU countries must adopt effective, proportionate and dissuasive sanctions for these infringements. However, for the first above infringement, where the aim is to provide humanitarian assistance EU countries are not obliged to impose sanctions.

    References

    Act

    Entry into force

    Deadline for transposition in the Member States

    Official Journal

    Directive 2002/90/EC

    5.12.2002

    5.12.2004

    OJ L 328 of 5.12.2002

    Last updated: 30.11.2010

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