Migration und Asyl - Related Opinions

Currently, there are elements in the current framework cause an uneven processing of API data across the EU, thus resulting in security gaps and uncertainty for both data subjects, air-carriers and national authorities. Therefore the proposal aims to address such gaps to ensure effective processing of API data with clear rules and transparency, and in full consistency with the interoperability of EU information systems for borders, security and migration management, EU data protection requirements, and other existing EU instruments and international standards, while ensuring facilitation of legitimate travellers.

The EESC welcomes the renewed EU action plan and the comprehensive approach it proposes. It considers it essential to combat migrant smuggling by means of a "whole-of-route" approach, including by improving judicial and police cooperation and cooperation and dialogue with neighbouring countries in the fight against smuggling networks. Safeguarding external borders is a priority for the European Union, but these must always be protected with respect for human rights and the inviolability of public international law. The EESC points out that protecting people and providing medical care and solidarity aid should not be criminalised and treated in the same way as smuggling networks. 

The EESC underlines that the shortcomings of the Directive relate to its actual transposition and implementation by the Member States, in particular the considerable variability in sanctions, which in most cases means they do not do much to dissuade employers from hiring illegally staying third‑country nationals. The EESC calls on Member States to step up their efforts to implement the Directive and to work actively with the Commission to ensure it is effective. As regards sanctions, the EESC fully supports the Commission's commitments and recommendations to the Member States and puts forward many additional recommendations on how to make the sanctions effective.