Activites

• 2002/12/05 Final act published in Official Journal
• #2469
• 2002/11/28 Council Meeting
• 2002/11/28 End of procedure in Parliament
• 2002/11/28 Act adopted by Council after consultation of Parliament
• #2350
• 2001/05/28 Council Meeting
• #2337
• 2001/03/15 Council Meeting
  • 2337 summary

    The Council held a detailed debate on a Draft Council Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry and residence. It was agreed that work should be continued on the draft instrument with a view to reaching political agreement at the May JHA Council. Consensus was reached on the question of making the offence of facilitating unauthorised entry and residence as defined in the Directive extraditable. However, two questions remain open, namely : the inclusion of a humanitarian clause and the exact scope of such a clause, and the minimum maximum sentence which shall apply in aggravating circumstances. Concerning this last point, it was concluded by the Presidency that certain compromise proposals made (a six year minimum maximum sentence and a declaration by those Member States intending to provide for a 10 year maximum sentence) should be further examined. �

• 2001/02/15 Decision by Parliament, 1st reading/single reading
  • T5-0088/2001 summary

    By 249 votes against 189 with 33 abstentions, Parliament rejected the entire text of the French initiative on strengthening the penal framework to prevent the aiding of unauthorised entry and residence. All the amendments had been approved but the Parliament decided to reject the entire text even as modified by the amendments. To recall, the report by Mr Ozan CEYHUN (Greens/ALE, D) states that the draft decision respects the obligations accepted by the Member States which have signed the 1951 Geneva Convention relating to the status of Refugees. Furthermore, the report states that each Member State shall adopt the measures necessary to ensure that effective, proportionate and dissuasive administrative or criminal penalties are imposed on any employer who employs illegal workers and any person who, for financial gain, facilitates illegal employment or illegal trafficking in labour. The report also states that legal persons and also their agents representatives and employees shall not be held liable for the commission of an offence in cases where aliens who are not nationals of a Member State and who have been transported to a Member States wishing to seek the protection provided under the 1951 Convention on the status of Refugees. The above mentioned persons shall not be liable in cases involving legally recognised non-profit-making-organisations and associations whose aims include defending, protecting and promoting aliens who are not nationals of a Member States and who act out of humanitarian reasons. Lastly, the report requests a budget line for compensatory payments to the countries and regions of the Union which, on account of their geographical situation and other characteristics, are particularly affected by illegal immigration. By 411 votes in favour and 26 against with 30 abstentions Parliament then decided to send the rejection on to Council. The Council is not obliged to follow Parliament's view and is free to adopt both initiatives.�

• 2001/02/14 Debate in Parliament
  • Debate in Parliament
• #2314
• 2000/11/30 Council Meeting
  • 2314 summary

    The Council held an exchange of views on a draft Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry and residence and a draft Directive defining the facilitation of unauthorised entry, movement and residence. The exchange of views showed that a large majority of delegations could accept that, in the most serious cases, the minimum sentence should be eight years imprisonment. However, the question of whether financial gain should be an essential element of the offence did not meet a unanimous response. The Permanent Representatives Committee will resume work on the basis of an improved version of the humanitarian clause as requested by Belgium, in order to work out a formula which responds to the views expressed by Ministers. As regards the Swedish reservation on the grounds that its legislation does not contain penal sanctions for the facilitation of unauthorised entry and residence, the Swedish delegation announced that there was an intention to re-examine this question shortly at national level.�

• 2000/10/23 Vote in committee, 1st reading/single reading
  • A5-0315/2000
• 2000/09/04 Committee referral announced in Parliament, 1st reading/single reading
• 2000/08/03 Legislative proposal published
  • 10676/2000 summary

    PURPOSE: French Presidency initiative in regard to the strengthening of the penal framework to prevent the facilitation of unauthorised entry and residence. CONTENT: The objective of the proposed Council Decision is to provide a framework by means of which measures can be taken to combat the aiding of illegal immigration, whether in connection with unauthorised crossing of the border in the strict sense or for the purpose of sustaining networks that exploit human beings. To that end, it is essential to approximate existing legal frameworks, which means, on the one hand, the precise and effective definition of the offence which is the subject of the proposed Directive defining the facilitation of unauthorised entry, movement and residence, and, on the other hand, the harmonisation of the penalties laid down, of exemption from liability and of aggravating circumstances, which is the subject of this Framework Decision. It is also essential not to confine possible actions to natural persons only but to provide for measures relating to the liability of legal persons. This Framework Decision is a development of the Schengen acquis as defined in the Schengen Protocol. The main provisions of the proposed Framework Decision are as follows: 1. Member States will be required to take measures necessary to ensure that the offences defined by the proposed Directive on the facilitation of unauthorised entry, movement and residence are punishable by effective, proportionate and dissuasive criminal penalties including custodial sentences which may entail extradition and, where appropriate, other penalties such as: - confiscation of the means of transport used to commit the offence, - a prohibition on practising directly or through an intermediary the occupational activity in the exercise of which the offence was committed, - a deportation order if the convicted person is not a national of a Member State of the European Union. 2. The abovementioned penalties would be increased if one of the following conditions is met: - the offence was committed by a person belonging to a criminal organisation within the meaning of Joint Action 98/733/JHA on making it a criminal offence to participate in a criminal organisation in the Member States of the EU; - the purpose of the offence is trafficking in human beings and sexual exploitation of children, as defined by Joint Action 97/154/JHA; - the purpose of the offence is to allow the alien to work in contravention of the rules governing the employment of aliens in the Member State in question. 3. Legal persons may be held liable for the offences defined in the proposed Directive and committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on a power of representation of the legal person, an authority to take decisions on behalf of the legal person, or an authority to exercise control within the legal person, as well as for involvement as accessories or instigators in the commission or attempted commission of such offences. A legalperson held liable is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties such as exclusion from entitlement to public benefits or aids, temporary or permanent disqualification from the practice of commercial activities, placing under judicial supervision or a judicial winding-up order. 4. Each Member State needs to take measures to establish its jurisdiction with regard to the offence in whole or in part within its territory, or by one of its nationals.�

Documents

• Legislative proposal published: 10676/2000
• Committee report tabled for plenary, 1st reading/single reading: A5-0315/2000
• Debate in Council: 2314
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0088/2001
• Debate in Council: 2337

History

(these mark the time of scraping, not the official date of the change)