Operational support to migrant smuggling cases

In 2023, Eurojust dealt with the highest number of migrant smuggling cases and JITs in this area in the Agency’s history. Eurojust’s casework covered migrant smuggling cases from the Western, Central and Eastern Mediterranean routes, the (North-) Eastern route, as well as the English Channel.

Through its casework, the Agency continued to execute the roadmap for the implementation of the Renewed EU Action Plan against Migrant Smuggling (2021-2025), adopted by its College in December 2021.

Greece opened the largest number of migrant smuggling cases at Eurojust during 2023, followed by Hungary. Bulgaria and Germany are the European countries that were most requested to participate in the Agency’s cross-border migrant smuggling cases in 2023, while the United Kingdom and Serbia were the most requested third countries to contribute to international investigations in this area.

During 2023, Eurojust continued to be actively involved in the EMPACT Operational Action Plan on Migrant Smuggling, ensuring the judiciary’s perspective is represented. Eurojust participates in nearly all operational actions in this area and co-leads 11 of them.

Cooperation with the European Migrant Smuggling Centre (EMSC)

In 2023, Eurojust stepped up its close cooperation with the EMSC through regular bilateral meetings and participation in the Europol Joint Liaison Task Force on Migrant Smuggling and Trafficking in Human Beings. This cooperation is important to ensure the judicial component of migrant smuggling and human trafficking cases. As a result, the information flow and operational cooperation between Eurojust and Europol significantly increased during 2023.

Eurojust Annual Meeting on Migrant Smuggling

In November 2023, Eurojust hosted its annual forum for judicial practitioners active in the fight against migrant smuggling. The meeting brought together more than 70 participants from Europe, the Middle East and Africa, and contributed to building mutual trust for judicial cooperation in this area.

Participants discussed the European Commission’s legislative proposals on combatting migrant smuggling, as well as how to enforce UN sanctions in migrant smuggling investigations. Challenges and best practices in cooperation with third countries were also discussed with judicial practitioners from the Western Balkans Criminal Justice Project, the EuroMed Justice programme, the United Nations Office on Drugs and Crime, and the West African Network of Central Authorities and Prosecutors. Eurojust’ migrant smuggling casework was another focal point of the meeting, particularly from the perspective of the protection of victims’ rights in migrant smuggling cases.

The Migrant Smuggling Focus Group of Prosecutors and Investigative Judges

The Migrant Smuggling Focus Group is an informal network of judicial practitioners specialised in migrant smuggling from all EU Member States and some non-EU States. It serves as an important hub to regularly connect national judicial actors working in this area.

Throughout 2023, Eurojust actively supported the Focus Group by providing practitioners with quarterly newsletters on the latest developments in migrant smuggling investigations, based on the Agency’s casework. In April 2023, an online workshop for Focus Group members was held about challenges in judicial cooperation, based on a case study about a fictitious cross-border migrant smuggling investigation requiring international judicial cooperation. In July 2023, the Focus Group participated in a conference in Sarajevo dedicated to the challenges and opportunities for combatting migrant smuggling, with a focus on JITs between EU Member States and Western Balkan partners.

Members of the Focus Group provided expert input to Eurojust’s overview of EU legislation on the Legal Definition of Migrant Smuggling and/or Facilitation of Irregular Migration. This publication serves as a useful reference for judicial practitioners working on migrant smuggling cases.

In July 2023, Eurojust launched a new subgroup of the Focus Group dedicated to the Western Balkans. Members of the subgroup include EU Member States bordering the region and most Western Balkan countries. The goal of the subgroup is to create mutual trust, enhance cooperation and enable personal contacts in each participating country. A kick-off meeting for the new subgroup was held in the margins of the Eurojust Annual Meeting on Migrant Smuggling in November 2023.

The EU’s strengthened legal framework and Global Alliance to Counter Migrant Smuggling

In November 2023, the European Commission organised an international conference, attended by Eurojust’s President, to launch a Global Alliance to Counter Migrant Smuggling. During the conference, proposals for new legislation to prevent and tackle this global crime were presented, to which Eurojust contributed.

On this occasion, the Commission put forward a Proposal for a Directive laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union. This proposal has five key objectives, including: effectively prosecuting organised criminal networks responsible for migrant smuggling, harmonising penalties, expanding jurisdictional reach, reinforcing Member States’ resources and capacities, and improving national data collection and reporting.

The European Commission also proposed a Regulation on enhancing police cooperation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings. This regulation aims to reinforce inter-agency cooperation in the fight against migrant smuggling and gives Eurojust an enhanced role within the European Centre Against Migrant Smuggling coordinated by Europol.

  This legislation will allow Europol to work closer with EU agencies Eurojust and Frontex, and with Member State authorities. Our proposal will also allow for harsher penalties and a stricter definition of the crime of migrant smuggling. We are stepping up the fight against migrant smuggling and protecting people from falling into the hands of criminals. We are going after the smugglers, not the smuggled.  

During the conference, the European Commission launched a call to action for a Global Alliance to Counter Migrant Smuggling, involving EU institutions, Eurojust and other EU agencies, Member States, partner countries, international organisations and other stakeholders. A concerted and multi-dimensional Global Alliance is crucial to jointly ensure prevention, response, protection and alternatives to irregular migration, including addressing the root causes and facilitating legal pathways.

Network smuggling hundreds of migrants to Germany dismantled with Eurojust’s support

Crime: An organised crime group is suspected of smuggling more than 560 people to Germany and more than 300 people to Romania. The criminals charge the migrants between EUR 4 000 and EUR 10 000, depending on the route. Migrants travelling by lorry are forced to hide among cargo for several days in inhumane conditions, while others are required to cross borders on foot to avoid official border checkpoints. Many migrants are forced to stay in unhygienic, overcrowded temporary accommodation between the various parts of the journey.

Action: During a joint action day involving almost 200 officers, two suspects are taken into custody in Germany. Another nine individuals in Romania are taken to hearings. Fifteen places are searched, eleven of which in Romania.

Result: The law enforcement authorities in Germany, Romania and Serbia, supported by Eurojust and Europol, successfully dismantle the organised crime group. The authorities seize luxury cars, cash, several mobile phones and other evidence.

Eurojust's Role: To uncover and dismantle the internationally operating migrant smuggling network, Eurojust sets up a joint investigation team between the German, Romanian and Serbian authorities.

20 migrant smugglers sentenced to prison in Belgium with Eurojust support

Crime: A criminal network is suspected of smuggling up to 10 000 Vietnamese nationals across the English Channel. Migrants are transported to the United Kingdom in small motorised boats supplied from Germany.

Action: An international operation is carried out by authorities in several countries, including Belgium, Germany, the Netherlands and the United Kingdom, with the support of Eurojust and Europol. During the action day on 5 July 2022, 39 people are arrested and over 50 searches are carried out simultaneously in several countries.

Thanks to the intensive cooperation and exchange of information prior, during and following the joint operation, the authorities involved are able to deal a severe blow to one of the most significant crime groups involved in cross-Channel migrant smuggling.

Eurojust's Role: Eurojust supports the investigation and plays a key role in facilitating judicial cross-border cooperation between all parties involved. The Agency hosts four coordination meetings to prepare for the joint action day. During the joint operation, Eurojust sets up a coordination centre to enable rapid cooperation between the judicial authorities.

Justice Done: On 18 October 2023, the Belgian Court of Bruges sentences 20 suspects to prison terms ranging from 30 months to 11 years for their involvement in migrant smuggling. They are ordered to pay fines of up to EUR 80 000.