Commission proposal for a revised Facilitation Directive: Targeted substitute impact assessment

This study constitutes a targeted substitute impact assessment of the Commission’s proposal for a revised Facilitation Directive (COM(2023) 755), presented on 28 November 2023 as part of a package to address migrant smuggling. It provides a critical review of the existing legal and policy framework at EU level and its shortcomings regarding transposition and implementation. It also undertakes a critical and thorough appraisal of the proposed objectives and measures in terms of coherence, effectiveness and efficiency, including with a view to assessing the adequacy of the interplay between this proposal and the related draft Regulation on enhancing police cooperation (COM(2023) 754). It highlights the misalignment of the proposal with relevant international and key EU law standards. It raises concerns about definitional issues, the lack of sufficient human rights safeguards, and the absence of a clear distinction between facilitation offences and the legitimate provision of services and humanitarian assistance. The study also examines the legality and proportionality of the proposed measures and stresses the need for a thorough evaluation of wider impacts on civic space and democracy at large.