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.
Download — Avizul CESE: Security Union package/Schengen package
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.
Download — Avizul CESE: Sanctions against employers of illegally staying third-country nationals
The EESC welcomes the Communication as an essential and effective step to enable the digitalisation of justice. It is crucial to support Member States at national level in making this change by providing them not only with the necessary funding, but also with tools. With this support, the digitalisation of justice can be expanded at European level to create mechanisms facilitating closer cross-border cooperation between judicial authorities.
The EESC welcomes the proposed regulatory initiative, which will have an indirect positive impact as it simplifies and speeds up cross-border judicial procedures and cooperation, and will also contribute to improving the functioning of the single market. It is worth noting that e-CODEX is not limited to e-justice. In anticipation of the future, the EESC recommends including a provision to open up the possibility of other uses by other public administrations, including for example the transfer of e-health records.
