BETA


2018/2769(RSP) Resolution on guidelines for Member States to prevent humanitarian assistance from being criminalised

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE MORAES Claude (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
RoP 136-p5

Events

2018/07/05
   EP - Motion for a resolution
Documents
2018/07/05
   EP - Results of vote in Parliament
2018/07/05
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a resolution tabled by the Committee on Civil Liberties, Justice and Home Affairs on guidelines for Member States to prevent humanitarian assistance from being criminalised.

Parliament recalled that under the Facilitation Directive and the accompanying Framework Decision , Member States are required to implement legislation introducing criminal sanctions against the facilitation of irregular entry, transit and residence.

However, the Facilitation Directive provides for a non-binding humanitarian assistance exemption , giving Member States the option not to criminalise facilitation when it is humanitarian in nature;

Expressing concern at the unintended consequences of the Facilitators Package (consisting of the Directive and the accompanying Framework Decision) on citizens providing humanitarian assistance to migrants, Members underlined that acts of humanitarian assistance should not be criminalised. They regretted the very limited transposition by Member States of the humanitarian assistance exemption provided for in the Facilitation Directive and noted that the exemption should be implemented as a bar to prosecution, to ensure that prosecution is not pursued against individuals and civil society organisations assisting migrants for humanitarian reasons.

Parliament called on Member States to transpose the humanitarian assistance exemption provided for in the Facilitation Directive and to put in place adequate systems to monitor the enforcement and effective practical application of the Facilitators Package, by collecting and recording annually information about:

the number of people arrested for facilitation at the border and inland; the number of judicial proceedings initiated; the number of convictions, along with information on how sentences are determined, and reasons for discontinuing an investigation.

Lastly, Members urged the Commission to adopt guidelines for Member States specifying which forms of facilitation should not be criminalised, in order to ensure clarity and uniformity in the implementation of the current acquis. They believed that clarity of parameters would ensure greater consistency in the criminal regulation of facilitation across Member States and limit unwarranted criminalisation.

Documents
2018/07/05
   EP - End of procedure in Parliament
2018/07/03
   EP - Debate in Parliament
2018/07/02
   EP - Oral question/interpellation by Parliament
Documents
2018/06/25
   EP - Vote in committee, 1st reading/single reading
2018/06/11
   EP - MORAES Claude (S&D) appointed as rapporteur in LIBE

Documents

Activities

Votes

B8-0314/2018 - Am 5 05/07/2018 12:37:22.000

2018/07/05 Outcome: -: 488, +: 73, 0: 14
?? CY DK EL EE LU AT MT LT LV SI SE IE BG CZ NL FI HR BE HU SK FR PT GB RO ES PL IT DE
Total
1
2
12
8
5
5
14
6
7
7
7
15
9
13
15
19
11
11
20
16
13
66
18
48
25
32
38
54
77
icon: ENF ENF
32

Belgium ENF

For (1)

1
2

Germany ENF

For (1)

1
icon: EFDD EFDD
32

Czechia EFDD

For (1)

1

Germany EFDD

For (1)

1
icon: NI NI
16

NI

Against (1)

1

Denmark NI

Against (1)

1
3

Hungary NI

2

France NI

For (1)

1

United Kingdom NI

For (1)

Against (1)

Abstain (1)

3

Germany NI

For (1)

Against (1)

2
icon: GUE/NGL GUE/NGL
33

Denmark GUE/NGL

Against (1)

1

Greece GUE/NGL

Against (1)

1

Sweden GUE/NGL

Against (1)

1
4

Czechia GUE/NGL

Against (1)

1

Netherlands GUE/NGL

2

Finland GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

Against (1)

1

Italy GUE/NGL

Against (1)

1
icon: ECR ECR
53

Lithuania ECR

Against (1)

1

Latvia ECR

Against (1)

1

Sweden ECR

2

Bulgaria ECR

1

Czechia ECR

1

Netherlands ECR

Against (1)

1

Finland ECR

2

Croatia ECR

Against (1)

1

Romania ECR

2
icon: Verts/ALE Verts/ALE
40

Denmark Verts/ALE

Against (1)

1

Estonia Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Austria Verts/ALE

3

Lithuania Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Slovenia Verts/ALE

Against (1)

1

Sweden Verts/ALE

2

Netherlands Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

2

United Kingdom Verts/ALE

3
icon: ALDE ALDE
59

Denmark ALDE

2

Estonia ALDE

Against (2)

2

Latvia ALDE

1

Slovenia ALDE

Against (1)

1

Sweden ALDE

3

Ireland ALDE

Against (1)

1

Croatia ALDE

2

Portugal ALDE

1

United Kingdom ALDE

Against (1)

1

Romania ALDE

Against (1)

1
4
icon: PPE PPE
154

Denmark PPE

Against (1)

1

Greece PPE

Against (1)

1

Estonia PPE

Against (1)

1

Luxembourg PPE

3

Austria PPE

3

Lithuania PPE

Against (1)

1

Latvia PPE

3

Sweden PPE

2

Ireland PPE

3
3

Finland PPE

2
3

United Kingdom PPE

2
icon: S&D S&D
155

Cyprus S&D

2

Denmark S&D

Against (1)

3

Greece S&D

3

Estonia S&D

Against (1)

1

Luxembourg S&D

Against (1)

1

Malta S&D

3

Lithuania S&D

1

Latvia S&D

Against (1)

1

Ireland S&D

Against (1)

1
3

Czechia S&D

Against (2)

2

Netherlands S&D

Against (2)

2

Finland S&D

2

Croatia S&D

2

Belgium S&D

For (1)

4

History

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

docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2018-0314&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-8-2018-0314_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0314
New
http://www.europarl.europa.eu/doceo/document/TA-8-2018-0314_EN.html
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: MORAES Claude date: 2018-06-11T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
date
2018-06-11T00:00:00
rapporteur
name: MORAES Claude group: Progressive Alliance of Socialists and Democrats abbr: S&D
activities
  • date: 2018-06-25T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2018-06-11T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
  • date: 2018-07-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20180703&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2018-07-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0314 type: Decision by Parliament, 1st reading/single reading title: T8-0314/2018 body: EP type: Decision by Parliament, 1st reading/single reading
commission
  • body: EC dg: International Cooperation and Development commissioner: MIMICA Neven
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
date
2018-06-11T00:00:00
rapporteur
name: MORAES Claude group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
body
EP
responsible
True
committee
LIBE
date
2018-06-11T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: S&D name: MORAES Claude
docs
  • date: 2018-07-02T00:00:00 docs: title: B8-0034/2018 type: Oral question/interpellation by Parliament body: EP
  • date: 2018-07-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2018-0314&language=EN title: B8-0314/2018 type: Motion for a resolution body: EP
events
  • date: 2018-06-25T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-07-03T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20180703&type=CRE title: Debate in Parliament
  • date: 2018-07-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31415&l=en title: Results of vote in Parliament
  • date: 2018-07-05T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0314 title: T8-0314/2018 summary: The European Parliament adopted a resolution tabled by the Committee on Civil Liberties, Justice and Home Affairs on guidelines for Member States to prevent humanitarian assistance from being criminalised. Parliament recalled that under the Facilitation Directive and the accompanying Framework Decision , Member States are required to implement legislation introducing criminal sanctions against the facilitation of irregular entry, transit and residence. However, the Facilitation Directive provides for a non-binding humanitarian assistance exemption , giving Member States the option not to criminalise facilitation when it is humanitarian in nature; Expressing concern at the unintended consequences of the Facilitators Package (consisting of the Directive and the accompanying Framework Decision) on citizens providing humanitarian assistance to migrants, Members underlined that acts of humanitarian assistance should not be criminalised. They regretted the very limited transposition by Member States of the humanitarian assistance exemption provided for in the Facilitation Directive and noted that the exemption should be implemented as a bar to prosecution, to ensure that prosecution is not pursued against individuals and civil society organisations assisting migrants for humanitarian reasons. Parliament called on Member States to transpose the humanitarian assistance exemption provided for in the Facilitation Directive and to put in place adequate systems to monitor the enforcement and effective practical application of the Facilitators Package, by collecting and recording annually information about: the number of people arrested for facilitation at the border and inland; the number of judicial proceedings initiated; the number of convictions, along with information on how sentences are determined, and reasons for discontinuing an investigation. Lastly, Members urged the Commission to adopt guidelines for Member States specifying which forms of facilitation should not be criminalised, in order to ensure clarity and uniformity in the implementation of the current acquis. They believed that clarity of parameters would ensure greater consistency in the criminal regulation of facilitation across Member States and limit unwarranted criminalisation.
  • date: 2018-07-05T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/international-cooperation-and-development_en title: International Cooperation and Development commissioner: MIMICA Neven
procedure/dossier_of_the_committee
Old
LIBE/8/13695
New
  • LIBE/8/13695
procedure/legal_basis/0
Rules of Procedure EP 136-p5
procedure/legal_basis/0
Rules of Procedure EP 128-p5
procedure/subject
Old
  • 6.50 Emergency, food, humanitarian aid, aid to refugees, Emergency Aid Reserve
  • 7.10.06 Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
  • 7.30.30.02 Action to combat violence, trafficking in human beings and migrant smuggling
New
6.50
Emergency, food, humanitarian aid, aid to refugees, Emergency Aid Reserve
7.10.06
Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
7.30.30.02
Action to combat violence, trafficking in human beings and migrant smuggling
activities/0
date
2018-06-25T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
body: EP responsible: True committee: LIBE date: 2018-06-11T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
activities/1/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20180703&type=CRE type: Debate in Parliament title: Debate in Parliament
activities/1/type
Old
Debate in plenary scheduled
New
Debate in Parliament
activities/2
date
2018-07-05T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0314 type: Decision by Parliament, 1st reading/single reading title: T8-0314/2018
body
EP
type
Decision by Parliament, 1st reading/single reading
other/0
body
EC
dg
commissioner
MIMICA Neven
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed
procedure/title
Old
Guidelines for Member States to prevent that humanitarian assistance is criminalised
New
Resolution on guidelines for Member States to prevent humanitarian assistance from being criminalised
activities
  • date: 2018-07-03T00:00:00 body: EP type: Debate in plenary scheduled
committees
  • body: EP responsible: True committee: LIBE date: 2018-06-11T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
links
other
    procedure
    dossier_of_the_committee
    LIBE/8/13695
    reference
    2018/2769(RSP)
    title
    Guidelines for Member States to prevent that humanitarian assistance is criminalised
    legal_basis
    Rules of Procedure EP 128-p5
    stage_reached
    Awaiting Parliament 1st reading / single reading / budget 1st stage
    subtype
    Debate or resolution on oral question/interpellation
    type
    RSP - Resolutions on topical subjects
    subject