Eurojust meeting on illegal immigrant smuggling : Eurojust, The Hague, 15 June 2017 : outcome report.
Date: 2017-09-28
Institutions: European Union Agency for Criminal Justice Cooperation
Subjects: fight against crime, illegal migration, institutional cooperation, international cooperation, judicial cooperation in criminal matters in the EU, migrant, migration policy, organised crime, report, trafficking in human beings

Eurojust meeting on illegal
immigrant smuggling

Eurojust, The Hague, 15 June 2017

OUTCOME REPORT

Eurojust meeting on illegal immigrant smuggling 

Introduction 

The meeting on illegal immigrant smuggling (the meeting), organised and hosted by Eurojust in The 
Hague, took place on 15 June 2017, under the auspices of the joint Presidencies of Malta and Estonia.  

The  participants  included  practitioners  from  the  Member  States,  Norway  and  the  USA,  as  well  as 
representatives of the European Commission, the European External Action Service, EUNAVFOR MED, 
Europol, and FRONTEX. 

The  principal  aim  and  focus  of  the  meeting  was  to  strengthen  the  fight  against  illegal  immigrant 
smuggling (IIS), promote the judicial dimension at an early stage of the smuggling scam, and enhance 
judicial  cooperation  at  EU  level.  The  concept  of  the  meeting  was  to  provide  a  judicial  perspective, 
reflecting the smuggling route from countries of origin and transit towards destination countries. The 
first plenary session was devoted to the work of key EU partners in fighting IIS beyond EU borders 
and  the challenges  faced.  The  second  plenary  session  focused  on specific  problems  at  the  external 
borders and on the collection of data/evidence. The third plenary session underlined obstacles and 
solutions in relation to judicial cooperation, with emphasis on the specific challenges faced at national 
level. The fourth plenary session highlighted the work of Eurojust in the fight against IIS.  

1.  Opening session 

The  Vice-President  of  Eurojust  and  Chair  of  the  Thematic  Group  on  illegal  immigrant  smuggling  at 
Eurojust  highlighted  the  importance  of  the  meeting  as  a  forum  to  foster  a  common  and  effective 
judicial response to IIS. 

The Deputy to the National Member for Malta stressed the international dimension and seriousness of 
the crime and referred to the Valletta Summit as a pivotal moment in Europe’s fight against IIS and a 
way to foster effective cooperation between the relevant stakeholders. 

2.  Plenary sessions 

2.1. 

First session – From countries of origin to first contact with EU law enforcement  agencies: 
What can be done to strengthen the judicial dimension?  

The  European  External  Action  Service  (EEAS)  pointed  out  difficulties  in  cooperation  with  the  local 
authorities of countries of origin and transit, stemming mainly from the lack of incentives for them to 
cooperate. Irregular migration  poses  a  threat  to  EU  security,  or  at  least  many  citizens  perceive  it as 
such. The  joint investigation  team  (JIT)  was  presented  as  a  way  to  bridge  the  gap  between Member 
States and third States. Crisis Management could valuably take into consideration judicial components 
such as ensuring forensic capability and promoting criminal investigations. Cooperation with military 
operations  and  EUROGENDFOR  was  underlined.  In  this  context,  the  civil/military  overlap  was 
mentioned  as  posing  a  number  of  specific  challenges.  Further  challenges  also  stem  from  the  way 
information  is  gathered  at  EU  level  and  how  it can  be  used  in  judicial  proceedings  at  national  level. 
Eurojust's role in the planning phase of Common Security and Defence Policy (CSDP) missions would 
be valuable. In this context, the ongoing initiative for closer cooperation between EEAS and Eurojust 

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should help reflect the judicial dimension in CSDP missions in the future, particularly in their planning 
phase. 

EUNAVFOR  MED  noted  the  cooperation  with  other  agencies,  including  FRONTEX,  NATO,  and  NGOs 
operating  in  the  Mediterranean.  In  2016,  two  additional  supporting  tasks  were  assigned:  capacity-
building  and  training  of  the  Libyan  Coast  Guard  and  Navy,  and  contributing  to  information-sharing 
and implementation of the UN arms embargo on the high seas off the coast of Libya. The importance of 
training of the Libyan Coast Guard and Navy was outlined as a way to save lives and also to allow the 
Libyan authorities to enforce national jurisdiction in their territorial waters and beyond over criminal 
activities  taking  place  in  Libya.  As  a  consequence  of  the  training  and  enforcement  of  jurisdiction, 
Libyan political stability will be strengthened. Italy is currently the only country prosecuting migrant 
smugglers and human traffickers coming from Libya. Therefore, cooperation with Italy is essential. 

Acts  performed  or  documents  produced  by  non-Italian  EUNAVFOR  MED  Units  are  submitted  to  the 
Italian  judicial  authorities  and  may  be  shown  at  trial  under  article  234  of  the  Italian  Criminal 
Procedure Code if they represent facts or situations (e.g. videos, photos, audio registrations), but not if 
they  contain  assessments,  because  this  authority  rests  with  the  police.  Further,  Italian  warships’ 
commanders  are  vested  under  Italian  domestic  law  with  investigative  and  police  powers,  enabling 
them to start criminal investigations at sea and report directly to the Public Prosecutor’s Office as a 
best practice. Nonetheless, acts performed or documents produced by EUNAVFOR MED Units, whether 
Italian or not, may always pave the way or stimulate further investigations by judicial authorities. As a 
possible response to the new phenomenon in Libya in which migrants are subjected to systematic and 
targeted exploitation and violence, EUNAVFOR MED highlighted that i) sharing information between 
all  actors  involved  and  ii)  considering  crimes  against  migrants  in  Libya  as crimes  against  humanity, 
thus allowing their prosecution by virtually all countries in the world under the universal jurisdiction 
principle, could be conducive to a sustainable and credible judicial response. Dedicated fora should be 
utilised  in  such  a  way  as  to  attain  efficiency.  To  this  aim,  EUNAVFOR  MED  is  developing  the  First 
European Observatory on Human Traffickers and Migrant Smugglers. 

2.2. 

Second session – Front-line EU agencies: How to transfer intelligence to judicial proceedings?  

FRONTEX outlined that, as the migration influx is not close to an end, the modus operandi of organised 
criminal  groups  (OCGs)  are  constantly  being  adjusted.  As  a  response,  FRONTEX  saw  its  capacity  to 
process personal data for the purpose of detecting, preventing and prosecuting crime extended; multi-
purpose  operations  are  being  set  up  and  the  ability  to  cooperate  with  Eurojust  is  now  explicitly 
mentioned in the new FRONTEX Regulation, which entered into force in October 2016. The mandate 
also expanded to explicitly cover terrorism. These developments are expected to enhance information 
flows  with  relevant  partners.  From  a  Eurojust  perspective,  such  developments  could  possibly  also 
allow  for  the  detection  of  links  with  current  investigations  and  prosecutions  or  even  suggest  the 
initiation of an investigation in a given Member State. The process is ongoing and should lead to the 
signature of a Working Arrangement between Eurojust and FRONTEX.  The EU Policy Cycle/EMPACT 
has been mentioned as the possible platform for the enhancement of collaboration between FRONTEX, 
Europol and Eurojust with the strong participation of Member States, as several Operational Actions 
and Joint Action Days involve all the actors and seek to investigate OCGs involved in IIS. A best practice 
was  outlined  in  relation  to  the  posting  of  Italian  Liaison  Officers  on  vessels  deployed  under  the 

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auspices  of  Operation  Triton  to  allow,  inter  alia,  the  collection  of  evidence  and  the  securing  of  the 
chain of custody. 

EUROPOL outlined the role of JOT MARE, established in March 2015 under the auspices of EMPACT, 
and  which  looks  specifically  into  large-capacity  vessels  involved  in  IIS.  The  decision  to  consolidate 
existing  mechanisms  within  Europol  led  in  February  2016  to  the  establishment  of  the  European 
Migration  Smuggling  Centre  (EMSC),  the  main  objective  of  which  is  to  deliver  quality  support  and 
assist in the coordination of cross-border anti-smuggling operations. Financial investigations remain 
key,  and  a  dedicated  structure  to  support  practitioners,  FIU.net,  has  proved  instrumental  in  this 
respect. Unaccompanied minors at risk of exploitation in the European Union remains an intelligence 
gap for Europol, as cases may still be under-detected and/or under-reported. 

Another  trend  reported  by  Europol  was  the  increased  use  of  social  media.  Europol  highlighted  the 
increasing  use  of  social  media  to  facilitate  IIS,  so-called  ‘e-smuggling’.  The  majority  of  smuggling 
services advertised are contained in several key categories, with transportation into Europe and false 
documentation topping the list. Furthermore, increasingly sophisticated and specialist illegal services 
have  been  offered,  such  as  the  facilitation  of  sham  marriages  and  comprehensive  package  offers 
claiming to be able to address education or work permits. The role that the Hotspot approach plays in 
the  fight against  illegal immigrant smuggling  was  outlined.  Hotspots  facilitate  close cooperation  and 
the exchange of information with EU agencies and actors on the ground. Challenges include a focus on 
individual cases rather than a network approach, the lack of information-sharing, which leads national 
police and judicial authorities not always being fully aware of the latest developments occurring in the 
field, and links with other Member States often not being effectively sought. EUROPOL acknowledged 
that the judicial dimension needs to be involved at the early stage of an operation. A best practice was 
presented,  whereby  via a  ‘sub-delega’,  the Italian  prosecutor  entrusts  the  police  to investigate  and a 
sub-authorisation is granted to Europol. Eurojust was invited to actively provide support in the field 
through  JITs,  trainings  and  operational  meetings,  as  well  as  using  the  momentum  to  establish  a 
presence in the Hotspots. 

2.3. 

Third session– Examples of judicial cooperation obstacles and solutions 

The representative from Ireland introduced Operation Vantage. Irish authorities faced a huge influx of 
female EU citizens travelling to Ireland to get married to non-EU citizens. The primary motive for the 
marriages  was  to  place  the  new  husband  in  a  position  to  claim  certain  EU  rights,  primarily  that  of 
residence.  While  a  new  amendment  of  the  Civil  Registration  Act  allowed  the  Registrars  to  object  to 
such  marriages  and  notify  the  Irish  Naturalisation  &  Immigration  Service  (INIS),  unlike  many  other 
Member States, the act of entering into a sham marriage is not a crime of itself in Ireland. As a result, 
only ancillary offences could have been prosecuted (such as conspiracy, deception, fraud and forgery). 
The  amendment  was  an  effective  tool  in  undermining  the  phenomenon,  but  not,  of  itself,  in 
prosecuting the facilitators. The Irish desk at Eurojust was consulted, ultimately leading to a series of 
coordination meetings at Eurojust, involving eight Member States, encompassing effective intelligence 
exchange with Europol. The case was emblematic of successful international cooperation, enhancing 
domestic  investigations  and  effectively  disrupted  the  OCG  and  the  criminal  phenomena  itself.  The 
operation  has  led  to  a  total  of  43  persons  arrested  with multiple charges and  several  convictions  in 
Ireland to date. 

An Italian representative presented a complex investigation by the Prosecution Office of Como into an 
OCG  involved  in  IIS.  The  Italian  investigation  uncovered  a  significant  number  of  Syrian  citizens 

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residing  in  the  District  of  Como,  using  passeurs  of  various  nationalities  to  transport  migrants  (who 
would  pay  up  to  EUR  500  to  be  illegally  transported  to  the  destination  countries)  from  Italy  across 
Hungary  to  Austria  and  Germany.  Cross-border  investigation  raised  issues  such  as  establishing  the 
jurisdiction to prosecute and the principle of  ne bis in idem. The assistance by Eurojust and Europol 
was  instrumental.  Eurojust  facilitated  effective  judicial  cooperation,  exchange  of  information  and 
enforcement  of  the  Letters  of  Requests  and  European  Arrest  Warrants.  Europol  ensured  police 
assistance  and analytical support. The  investigations  led  to 18 arrests  in four  Member  States  and  to 
criminal action against 21 individuals, with 19 of them already serving their sentences. 

The Maltese representative outlined issues Malta is facing, mainly with abuse of the asylum system. He 
emphasised the need for controls at external borders of the Schengen countries and the importance of 
information  sharing  via  the  Schengen  Information  System.  The  representative  highlighted  the  main 
challenges  in  investigating  and  prosecuting  illegal  immigrant  smuggling  cases.  Technology  has 
changed the face of migration. The speed and effectiveness of today’s communication channels,  with 
the accessibility and availability of internet and social media, has transformed the nature of smuggling 
networks and thereby has facilitated migration. The investigating authorities need to take this aspect 
into  account  and  adjust  their  strategy.  Two  cases  were  presented,  highlighting  the  key  challenges 
faced in prosecution of smugglers, including gathering and preservation of evidence and jurisdiction 
issues. 

Representatives of the French Ministry of Justice and the Douai Court of Appeal jointly presented the 
situation in France and the steps taken as a response to the fight against IIS. The representative of the 
French Ministry of Justice noted the structures of OCGs engaged in IIS and highlighted the high rate of 
judicial  response  to  acts  of  IIS.  Links  between  IIS  and  other  types  of  criminality,  such  as  THB,  drug 
trafficking  and  ordinary  criminality,  were  also  mentioned.  Examples  of  reinforced  international 
cooperation  were  given,  among  which  were  the  establishment  of  joint  investigation  teams  (JITs), 
support  to  the  Task  Force  of  the  North  Sea,  and  the  publication  in  2015  of  a  ministerial  instruction 
outlining  a  prosecutorial  strategy.  The  objective  of  the  ministerial  instruction  is  to  encourage 
prosecutors  to  provide  a  global  and  holistic  judicial  response  to  IIS.  Finally,  the  role  of  a  UK  liaison 
magistrate  specialised  in  IIS  and  human  trafficking,  whose  role  is  to  reinforce  coordination  and 
judicial cooperation with the UK on specific cases, was described as very positive. 

The  representative  of  the  Douai  Court  of  Appeal  focused  on  the  initiatives  taken  on  national  and 
international  levels  in  northern  France.  Although  the  dismantling  of  the  Calais  camp  reduced  the 
number  of  migrants  in  that  area,  it  brought  about  a  new  challenge,  namely  the  deportation  of 
smugglers,  which  made  the  control  and  investigation  of  the  OCGs  more  difficult.  Regional  and 
international  mechanisms  were  highlighted  as  means  of  cooperation  among  judicial  authorities.  At 
international  level,  the  strengthening  of  judicial  cooperation  with  other  Member  States  and  EU 
agencies  was  noted.  Of  particular  interest,  the  Task  Force  on  IIS  in  the  North  Sea  region  (the  Task 
Force)  was  presented  as  a  successful  way  to  cooperate.  The  Task  Force  is  composed  of  judges, 
prosecutors and investigators from France, Belgium, the UK and the Netherlands. The main goals are 
to detect as early as possible the cases that can be investigated at international level and to agree on a 
common  prosecutorial  strategy  using  the  expertise  of  Eurojust  and  Europol  at  an  early  stage.  The 
presentation concluded by indicating some of the main objectives for the judiciary: i) to identify at an 
early  stage  IIS  cases  that  should  be  investigated  at  international  level,  ii)  to  approach  Eurojust  and 
Europol at an early stage of the investigations, iii) to address legal issues, and (iv) to better coordinate 
the operational focus in different countries, such as EAWs or financial investigations. 

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The  representative  of  the  Western  District  Prosecutor’s  Office  in  Estonia  explained  that  Estonia  is 
mostly a transit country for migrants. The presentation showed the routes used by illegal immigrants 
and  outlined  the  increase  in  the  number  of  illegal  border  crossings  since  2008.  The  approach  to 
prosecuting illegal immigrant smugglers has changed; prosecutors are now trying to prosecute under 
THB  due  to  most  suspects  being  part  of  an  OCG  arranging  the  illegal  transfer  of  the  migrants. 
Challenges  in  the  investigation  of  illegal  immigrant  smuggling  cases  such  as  identifying  victims,  the 
preservation of evidence, identifying the entire chain in the OCGs, the seizure of the proceeds of crime, 
as well as issues related to jurisdiction were underlined by the speaker. One challenge is that a change 
in domestic legislation in one Member State may have negative repercussions in other Member States. 
Such change in legislation may be conducive, for example, to engaging in forum shopping. 

The representative of the Court of First Instance, Heraklion, Crete, Greece, provided an overview of the 
current  migratory  situation  in  Greece.  The  modus  operandi  of  the  OCGs  was  explained.  In  the 
framework of a case in Heraklion, specific challenges were noted. They include difficulties faced by the 
judicial  investigations,  including  difficulties  in  interception  at  sea,  insufficient  cooperation  between 
European countries and third States, delays in exchange of evidence even between authorities of the 
Member  States,  difficulties  in  identifying  the  leaders  of  OCGs  (by  means  of  fingerprints  or  images), 
telephone interception, particularly  in the Hotspots, as well as lack of official translators and the use 
of  ‘Hawala’  banking,  which  makes  financial  investigations  more  difficult.  The  key  is  to  enhance 
cooperation  between  Member  States  and  EU  agencies,  and  promote  the  constant  exchange  of 
information at judicial level. 

2.4. 

Fourth session – Role of Eurojust in the fight against IIS 

EUROJUST noted a sharp increase in the number of cases referred to Eurojust in 2015 and 2016, with a 
total  of  60  and  65  such  cases,  respectively,  as  opposed  to  an  average  of  30  in  the  three  preceding 
years.  The  first  half  of  2017  shows  a  decrease  in  numbers.  These  figures,  however,  are  not 
commensurate  with  the  migration  crisis  and  the  number  of  cases  of  facilitation  of  illegal  entry 
associated  with  it.  In  this  context,  Eurojust  emphasised  the  importance  of  early  international 
cooperation, parallel financial investigations and seizure and confiscation of the proceeds of the OCGs, 
and reiterated the list of existing tools available to support practitioners, notably the organisation of 
coordination  meetings  and  the  setting  up  of  JITs.  In  this  respect,  the  Secretary  of  the  JITs  Network 
Secretariat  noted  two  practical  challenges  encountered  in  establishing  a  JIT:  the  lack  of  a  timely 
investigation  and  the  difficulty  in  hosting  a  JIT  with  a  large  number  of  Member  States.  A  possible 
solution was suggested: the development of practical guidelines for practitioners highlighting  issues 
specific to IIS to enhance JITs in this crime area as a method of increasing the volume of JITs to tackle 
IIS. 

3.  Conclusions 

At the close of the meeting, participants agreed on the following points: 

1.  emphasising that fighting IIS is a priority of the EU policies in the JHA area; 

2.  recognising  that  IIS  affects  all  Member  States  in  different  degrees  and  forms,  and  that  it 

requires a cross-border response due to its cross-border nature; 

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3.  stressing  the  need  for  an  efficient  and effective  judicial  response, especially  to  dismantle  the 

OCGs behind IIS; and 

4.  recognising  the  present  relatively  low  number  of  IIS  cases  referred  to  Eurojust  by  national 

authorities. 

Participants  further  agreed  that,  to  increase  the  operational  response,  special  attention  should  be 
devoted to: 

1.  recognising  the  special  challenges  of  prosecuting  IIS  and  the  need  for  special  prosecutorial 

strategies; 

2.  emphasising  the  need  to  dismantle  and  prosecute  the  entire  OCG  as  opposed  to  only 

prosecuting at national level; 

3.  recognising the cross-border nature of IIS; participants highlighted the need for cooperation 
between  Member  States  and  third  States.  Here,  the  cooperation  with  the  EEAS  should  be 
enhanced; 

4.  some  of  the  challenges  in  investigating  and  prosecuting  IIS,  including  identifying  the 
structure and individuals in the  OCGs, gathering and preservation of evidence,  ne bis in idem 
and  establishing  the  jurisdiction  to  prosecute,  preventing  forum  shopping,  and  minimising 
the  risk  of  abuse  of  legal  means  to  get  undue  benefits,  e.g.  sham  marriages  and  misusing 
asylum procedure; 

5.  the  need  for  early  information/intelligence-gathering  and  raising  awareness  of  the 
specific requirements in the context of CSDP  operations and beyond, with particular emphasis 
on the collection, preservation and admissibility of information/evidence; 

6.  promoting appropriate information exchange between EU actors operating in sensitive areas 
and countries at risk and national authorities to help identify possible links to existing cases in 
other  Member  States  and  at  Eurojust,  allowing  Eurojust  to  facilitate  further  judicial 
cooperation; 

7.  promoting  enhanced  cooperation  with  EUNAVFOR  MED,  Europol  and  specifically  the 
EMSC    and  FRONTEX,  particularly  to  improve  the  early  identification/triggering  hits  on 
relevant cross-border investigations or cases, and to provide effective assistance and analytical 
support; 

8.  further developing, within the limits of its mandate, its external relations with third States and 

international organisations; and 

9.  supplementing the existing JIT model agreement with specific guidelines to facilitate the use of 

JITs in the fight against IIS. 

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Eurojust

Johan de Wittlaan 9, 2517 JR The Hague,

Catalogue number: QP-04-17-821-EN-N  •  ISBN: 978-92-9490-181-1 •  Doi: 10.2812/156969
Phone: +31 70 412 5000 - E-mail: info@eurojust.europa.eu - Website: www.eurojust.europa.eu

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