EU crackdowns: Unified penalties set for migrant smuggling
EU member states have adopted a joint position on penalties for smuggling migrants. This crime is to be punishable by three to ten years in prison, depending on the circumstances. Businesses involved in this practice are to be penalised financially.
Justice ministers of the EU countries met in Brussels to harmonise regulations regarding penalties for smuggling migrants. Hungarian Minister of Justice Bence Tuzson emphasised that recognising this practice as a crime throughout the Union will be groundbreaking.
Penalties for migrant smuggling
The proposed directive stipulates that deliberately helping citizens of third countries enter, transit, or reside illegally in the EU in exchange for material benefits will be considered a crime.
The following penalties are proposed:
- at least three years in prison - if the smuggling is conducted by individuals,
- at least eight years in prison - if the smugglers operate within an organisation or use severe violence against migrants,
- at least ten years in prison - if the crime results in the death of a migrant.
In contrast, if businesses are involved in smuggling, they would face financial penalties amounting to a specific percentage of the company's total global turnover or a fixed penalty of €40 million.
Humanitarian clause in the new regulations
The regulations also include a humanitarian clause demanded by the European Commission. It pertains to situations where assistance to migrants is provided by close family members or aims to meet their basic life needs. Such actions will not be considered smuggling offences, but the final decision will be up to the member states.
The position of the member states will now be negotiated with the European Parliament.
According to data from the EU Council, 380,000 cases of illegal border crossings were recorded in 2023. Europol estimates that over 90 per cent of migrants with irregular status used the services of smugglers. Smuggling organisations earn between €4.5 to €5.7 billion annually from this practice, as reported by the UN.
