The EESC highly appreciates the first activation of the Temporary Protection Directive 2001/55/EC in the context of the Russian aggression against Ukraine. The current activation of the Directive could well be used to develop solidarity mechanisms among the Member States. It strongly supports an urgent need for effective, genuine, humane – and humanitarian – common European regulations on migration, asylum and security cooperation in an open, but equally secure Schengen area, in full accordance with the Charter of Fundamental Rights. The consequences of the war are also a threat for the European model of the social market economy as well as for the freedom and rights of EU citizens and other inhabitants. The EESC encourages preserving and valuing the Schengen area as it is currently constituted, to guarantee not only the free movement of human beings, but also the functioning of the Single Market.
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.
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.
Le CESE estime que la directive devrait présenter un meilleur équilibre entre les droits fondamentaux des personnes et la nécessité de garantir une meilleure application de la législation touchant à la lutte contre la criminalité et à sa répression.
Le CESE formule un certain nombre de recommandations concrètes, portant notamment sur les points suivants:
The opinion concerns two EC proposals, implementing the European Security Agenda: the proposal for a directive on combatting terrorism and the action plan against trafficking in firearms and explosives. The opinion is based on previous EESC work and its usual focus on protection of fundamental rights. The main conclusions concern the common policy against terrorism and the shared competence of the EU and the Member States, as well as the definitions of terrorist acts and types of them, terminology, the issue of anticipated crime and other risks of collision between security and human rights.
