The EESC has called on EU Member States to step up their efforts and implement the EU directive providing for sanctions against employers of illegally staying third country nationals. In a recently adopted opinion, the EESC warned about the flawed transposition and implementation of the directive across the EU.

Often a source of labour exploitation, the employment of illegally staying migrants is also a pull factor for migrant smuggling; every year, this claims the lives of thousands of people embarking on dangerous journeys to reach Europe. Both criminal practices should be met with resolute action at national and EU level, says the EESC.

In its opinion, the EESC stressed that the severity of sanctions varies considerably between Member States and, in most cases, they do little to dissuade employers from hiring illegally staying third-country nationals. 

Another shortcoming of the directive is its inability to encourage migrants to file any official complaints against employers. This is due to migrants' often justified and legitimate fear that they will be returned to their countries of origin. We firmly support the Commission when it says it will launch infringement proceedings against Member States, should they persist in not providing all relevant information on the implementation of the key obligations on sanctions, inspections and protection of migrants' rights laid down in the Directive, said the rapporteur of the opinion, Carlos Manuel Trindade. 

In another opinion, the EESC analysed the renewed EU Action Plan against Migrant Smuggling (2021-2025). It welcomed its comprehensive approach to this issue, and hailed it as the continuation of its work to combat this dangerous and criminal activity. According to Europol figures, more than 90% of people who entered the EU illegally have travelled via smuggling networks at some point.

Combating migrant smuggling is considered a priority under the EU's New Pact on Migration and Asylum, as it has claimed the lives of thousands of migrant women, children and men. It violates their rights, taking advantage of people trying to enter the EU. It is also a threat to European security.

The fight against migrant smuggling can never be directed against the migrants themselves or against humanitarian aid and help for them. There must be no criminalisation of solidarity, said the rapporteur of the opinion José Antonio Moreno Diaz. We understand that safeguarding the EU's external borders is a priority, but they must be always protected with respect for human rights. (ll)