The proposed directive to prevent and combat facilitation of illegal entry, movement, and residence in the Union. A guaranteed and effective solution?

Abstract

Recent years have seen an increase in migration to Europe, which has resulted in a security response that criminalises the facilitation of irregular transit. This has had the effect of contributing to the business of smugglers who provide irregular entry in exchange for a fee. This article will examine the European criminal justice response, its impact on human rights and the relationship between migrants and smugglers. The article furthermore conducts a critical analysis of the proposed reform of the Facilitation Directive, highlighting its risks and limitations. Utilising a dual approach of legal and criminological analysis, this study interrogates the role of criminal law in the management of migration, and its ramifications within the contemporary European context