Eurojust meeting on migrant smuggling : Eurojust, 04-05 November 2021 : outcome report.
Date: 2022-01-26
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 migrant 
smuggling

Eurojust, 04-05 November 2021

Outcome Report

Criminal justice across borders

Eurojust meeting on migrant smuggling 

Introduction 

The  Eurojust  annual  meeting  on  Migrant 
Smuggling  (“the  meeting”)  was  organised  by 
Eurojust on 4 and 5 November 2021. Due to the 
current COVID-19 pandemic situation in Europe, 
the meeting took place in a hybrid format, with 
some  participants  on  site  at  Eurojust  premises 
and others online via video-conference. 

Practitioners  (prosecutors  and 
investigative 
judges)  from  28  countries  and  7  international 
organisations  attended  the  meeting,  including 
from EU Member States, Albania, the UK, the USA, 
Eurojust  Liaison  Prosecutors  from  Montenegro, 
Switzerland, Serbia and Ukraine, representatives 
of the South Partner Countries (SPC) within the 
framework,  as  well  as 
EuroMed 
representatives  from  the  European  Migrant 
Smuggling  Centre  (EMSC)  at  Europol,  Frontex, 
EUBAM –Libya, OSCE, Council of the EU and the 
European Commission. 

Justice 

together 

The meeting was the fifth in a series that started 
in February 2016. The aim of such meetings is to 
to  exchange 
bring  practitioners 
experience,  operational  challenges  and  best 
practice.  At  the  same  time,  practitioners  can 
explore  opportunities  to  disrupt  and  dismantle 
organised  crime  groups  (OCGs)  involved  in 
migrant smuggling. To this end, since 2020, the 
members  of  the  “Focus  Group  on  investigative 
judges  and  prosecutors  specialised  in  migrant 

smuggling”  (in  short:  “Focus  Group  on  migrant 
smuggling”) participate to these meetings.  

The  objective  of  this  meeting  was  to  bring 
together, for the first time, the practitioners from 
both sides of the Mediterranean Basin, from EU 
Member States and SPCs. The meeting intended 
to provide a platform to exchange views among 
practitioners  using  an  interactive  and  practice-
oriented  approach,  to  enhance  cooperation 
among members of different judicial authorities 
in the fight against migrant smuggling.  
Booklet  on  the  Judicial  use  of  information 
During  the  meeting,  Eurojust  presented  its 
following  the  debriefing  of  migrants  at 
external borders

.  

A central part of the meeting (fourth session) has 
been devoted to the links between smuggling of 
migrants and THB. 

1. First session: The EU Action Plan on Migrant Smuggling

renewed  EU 
The  European  Commission  presented  main 
smuggling 
against  migrant 
plan 
action 
elements  of  the  recently  adopted 
(2021-2025). 

The  renewed  action  plan  takes  a 
holistic  multidisciplinary  approach  in  the  fight 
against  migrant  smuggling  and  the  whole-of-
the-route  leads  the  cooperation  with  third 
countries.  

The renewed action plan envisages a prominent 
role for the national judicial authorities and for 

reinforcing 
Eurojust  to  implement  it.  One  of  the  pillars  of 
cooperation  and  supporting  the  work  of  law 
the 
enforcement  and  of 
strengthening 
migrant  smuggling

judicial  cooperation  against 
by 

renewed  action  plan 
the 

judiciary 

is 

. 

In 

the 
European  Commission  advocates  for  the  EU 
Members  States  to  make  more  use  of  Eurojust 
support to cross-border investigations, through 

regard, 

this 

Eurojust meeting on migrant smuggling 

Joint Investigation Teams. It further advocates 
for  making  best  use  of  the  Focus  Group  on 
modus operandi
migrant  smuggling,  which  will  reinforce  the 
, 
exchange of best practices and 
such as sham marriages. 

The Eurojust Chair of the Anti-Trafficking Team 
presented the main judicial challenges based on 
casework
Eurojust’s experience in its migrant smuggling 
in  the  Report  on 
Eurojust’s  casework  in  the  field  of  migrant 
smuggling  and
complemented  by  the  Eurojust 
Report on sham marriages.  

,  as  gathered 

2. Second session: The use of digital platforms as facilitator of migrant smuggling

Europol  (European  Migrant  Smuggling  Centre)

Frontex 

(Risk  Analysis  Unit)

jointly 
and 
presented  their  report  on  digitalisation  of 
migrant smuggling.  

The 

services. 

advertising, 

A  key  finding  in  the  report  is  that  digital 
solutions  are  being  used  extensively  by 
criminals: 
recruitment, 
communication,  guidance  and  payment  of  the 
smuggling 
report 
recommends  that  the  still  existing  knowledge 
gap on the use of digital channels by facilitators 
and the general intelligence picture needs to be 
addressed. These gaps are all the more relevant 
for  the  judiciary.  Partnership  remains  key  to 
the 
cooperation 
enhance 
The representative of PPO Traunstein (Germany) 
appropriate operational response. 

trigger 

joint 

and 

presented  some  challenges  of  digitalisation  / 
digital  platforms  encountered  at  all  stages  of 
migrant  smuggling 
investigations. 
Nevertheless,  also  some  great  opportunities 
arise,  thanks  to  the  digital  trace  that  could  be 
The Deputy to the National Member for Greece at 
used as evidence.  
Eurojust 

judicial 

presented the first “digital smuggling” 

case  encountered  by  Greek  authorities,  which 
involved  online  advertising,  purchasing  and 
selling of stolen/falsified travelling documents 
via mobile phone applications. This case was an 
example  of  cooperation  and  exchange  of 
information  among 
law  enforcement  and 
judicial authorities, which led to the successful 
prosecution  of  an  organised  criminal  network 
aiming  at  promoting  and  facilitating  illegal 
immigration. 

Room  for  improvement  was  identified  in  the 
following areas: 

- National authorities should share more

information at national level on the use of
digital  platforms  by  criminals  and
explain  to  all  relevant  actors  in  the
investigation chain why this new trend is
of relevance.
Cooperation with third countries must be
enhanced,  also  with  Europol  and
Frontex in this context.
A  solid  connection  to  EMPACT  via
participation 
in  Operational  Action
Plans must be ensured.

-

-

 
 
 
Eurojust meeting on migrant smuggling 

3. Third session: Cooperation with third countries and cooperation with EuroMed Justice

The  Swiss  perspective  of  challenges  and  best 
Public 
practices  in  cooperation  with  third  countries 
Prosecutor’s  Office  Zurich
was presented by a representative of the 
.  Mutual 

legal 
assistance  with  foreign  judicial  authorities  is 
regulated in the Mutual Assistance Act with the 
spontaneous  transmission  of  evidence  as  a 
cornerstone of cooperation. Only recently, new 
legal provisions in this Act entered into force, 
allowing 
transmission  of 
information  and  evidence  and  simplifying  the 
legal  basis  for  a  JIT  (Art.  80d).    Cooperation 
with  EU  Member  States  works  well  and  all 
participants  were  encouraged  to  issue  MLA 
requests to  Switzerland,  if  necessary  and 
useful. 

for  an  early 

Union  Border  Assistance  Mission 
The  prosecution  adviser  to  the 
(EUBAM  Libya) 

European 
in  Libya 

presented 

smugglers, 

the  migrant 
smuggling  phenomenon  in  and  from  Libya. 
After  outlining  the  current  migratory  routes 
used  by  migrants  and 
the 
representative 
Libya 
EUBAM 
recent developments  in 
informed 
about 
the  Libyan  judicial  system and 
legal  pre-
investigating  migrant 
requisites 
for 
Libyan 
smuggling/THB 
legislation. 

under 

cases 

EuroMed  Justice

of 

the 

features 

  Coordinator  presented 
The 
EuroMed 
the  main 
Justice 
Programme.  Currently,  14  EU 
Member  States  and  9  South  Partner 
Countries  are  part  of  the  project.  Eurojust 
Justice
EuroMed 
the  participation  of 
warmly  welcomed 
Algeria, 
the 
South  Partner 
Tunisia and Israel
Countries’ 

of 
. In order to strengthen the 
Group 
Focus 
cooperation  with 
Team, 
Anti-Trafficking 
and 
possible  avenues  to  create  synergies  were 
illustrated.  

representatives 

Eurojust’s 

the 

Special  Prosecution 
The 
representative 

Office 
the 

of 

Albanian 
(SPAK)

other 

presented experiences  in  a  case  of  migrant 
smuggling involving  substantial  mutual  legal 
assistance  towards  EU  Members  States 
countries.  The  Albanian 
and 
to 
authorities  reiterated  their  eagerness 
continue  cooperation  with  the  EU  national 
judicial  authorities  and  with  Eurojust,  to 
information  and  to 
exchange  operational 
implementation  of 
the  smooth 
enhance 
mutual legal assistance requests.  

 
 
Eurojust meeting on migrant smuggling 

4.  Fourth session: New initiatives and synergies between migrant smuggling and THB cases

This  fourth  session  has  been  devoted  to  the 
links between smuggling of migrants and THB 
and  the  need  to  increase  synergies  between 
specialised  prosecutors  and  law  enforcement 
in  both  trafficking  cases  and 
authorities 
smuggling  of  migrants  investigations,  due  to 
the frequent recurrence of the same patterns in 
OSCE  Special  Representative  and  Co-
the exploitation of migrants. The contributions 
ordinator for Combating Trafficking in Human 
of  the   
Beings

 and the EU Anti-trafficking coordinator 
had been fully integrated in the more general 
discussion  prompted  by  Eurojust,  where 
practical  and legal issues have been tackled. 
OSCE  Special  Representative  and  Co-
ordinator for Combating Trafficking in Human 
The 
Beings

children, 

 highlighted OSCE’s continuous efforts to 
underline the importance of early involvement 
of 
judicial  authorities,  specialization  of 
criminal justice actors, financial investigations 
and focus on the identification and support of 
victims,  especially 
in  human 
trafficking  cases.  Establishing  JITs  supported 
by  Eurojust  was  mentioned  as  excellent  and 
highly  effective  best  practice  in  such  cases. 
Special attention should also be given to sexual 
exploitation  via  online  platforms,  a  growing 
challenge  across  the  OSCE  region.  Finally,  he 
highlighted the need for enhanced investment 
and  political  will  to  meet  the  scale  of  human 
trafficking. 

EU Anti-Trafficking Coordinator

new 
The 
 presented 
EU Strategy on Combatting THB 2021-2025 
the main elements of the recently adopted 

which  aims,  amongst  others,  to  bring  more 
prosecutions  and  convictions  of  human 
traffickers. The strategy envisages the creation 
of  a  new  Focus  Group  of  prosecutors 

in  THB  crimes.  Eurojust  was 
specialised 
identified as a key player in this context. To be 
able  to  proceed,  the  Chair  of  Eurojust’s  Anti-
Trafficking  Team  (ATT)  underlined  the  need 
for adequate resources to Eurojust. 

the 

and 

this 

about 

session, 

challenges 

The  main 

in  migrant 

During 
participants 
discussed  in  break-out  groups  (onsite  and 
best 
online) 
smuggling-THB 
practices 
investigations. 
outcome  of 
specialised 
these  discussions  is  the  importance  of  having 
Prosecution  Offices  and  judicial 
types,  since 
these  crime 
Chambers  on 
rather 
is 
cooperation 
international 
complex.  Furthermore,  in  migrant  smuggling 
protection  of 
cases  where 
suffered 
victims
exploitation  of  any  sort,  the 

exchange  of 
  is  paramount.  As  best  practice,  the 
and 

operational  information
exchange  of 

the  migrants 

cases 

  between  Europol 
investigations
financial 
and  Eurojust  should  be  conducted  via 
SIENA.  Further, 
need  to  be  systematically 
this 
participants  and  the  Focus 
Recovery at a Glance
report  on 

In 
regard,  Eurojust  will  share  with  the 
Eurojust’s  Casework  in  Asset 
the 

conducted. 

Group 

. This document  aims  to 
assist  judicial  authorities  in  the  EU  Member 
. 
States 
financial 
in  effectively  conducting 
investigations  and  recovering  criminal  assets
the 
to 
The  participants  made  a 
digital 
policy-makers 
the 
smuggling
legislative 

call 
update 
tackle 

framework 

to 

.  The  South 

to 
Countries 
Partner 
climate 
an  interesting  perspective  on 

presented 
change,  which  acts  as  a  push 
migratory  flows  by  linking  them  to 

factor

to 
rural  populations  in  the  countries of origin.  

 
 
Eurojust meeting on migrant smuggling 

5. Fifth session: Focus Group on migrant smuggling

were  encouraged  to  join  one  of  these  sub-
groups and/or propose new topics. 

for 

Furthermore,  a  call 
identification  of 
relevant topics to be discussed in depth in 2022 
and for determining the working methods was 
expressed. Informal workshops were proposed 
also for the coming year.  

The Focus Group and 
its  working methods 
were
briefly 
discussed.  The  Chair 
its 
expressed
gratitude towards all 
group 
Focus
members  for  their  contributions  during  the 
meetings  of 
informal  network.  He 
reiterated the importance of continuous active 
participation, also in other events that might be 
organised in the coming months.  

this 

For  2022,  based  on  previous  suggestions  by 
Focus Group members, Eurojust proposed the 
creation  of  dedicated  sub-group  addressing 
specific topics such as ‘digital platforms and the 
use of payment systems’ and ‘cooperation with 
third  countries’.  All  Focus  Group  members 
6. Conclusions and way forward

•
The Chair of the meeting summarised the main outcome as follows: 

renewed EU action plan on migrant smuggling

•

•

•

•

•

Eurojust will disseminate the 
languages among the Eurojust national members and Eurojust partners.

 in all EU official 

 roadmap

Based on this action plan and the discussions during the meeting, a high level
 will be
drafted  covering  the  main  points  for  cooperation  between  Eurojust,  national  judiciary  and
strategic partners in the implementation of this renewed action plan.

In  addition,  Eurojust  will  disseminate  among  the  participants  a  targeted  communication  on
Eurojust involvement in the 

operational action plan against migrant smuggling.

use of digital platforms

EMPACT 

On the 
Analysis Unit acknowledged the need for Eurojust to participate in the intelligence platforms, so as
to ensure the early involvement of the judiciary in the new migrant smuggling 

 as catalysers to migrant smuggling, the EMSC and Frontex Risk

phenomena.

Eurojust Booklet

 on the ‘Judicial use of information
Europol and Frontex will disseminate the 
following  the  debriefing  of  migrants  at  external  borders’  to  raise  awareness  among  the  law-
enforcement community.

migrant  smuggling  phenomenon  in  Libya

  was  depicted  by  the  representative  of  the
The 
EUBAM  Libya,  as  well  as  a  practical  approach  on  how  to  proceed  with  cooperating  with  the

Eurojust meeting on migrant smuggling 

Libyan judicial authorities. Once  the  upcoming  elections  in  Libya  would  be  celebrated,  EUBAM 
Libya will prepare the ground to identify a new Eurojust Contact Point and a follow-up meeting 
to  foster  cooperation.  EUBAM  Libya  will  also  prepare  a  fact-sheet  for  the  national  judicial 
authorities on how to cooperate with Libya. 
EuroMed Justice

 , with the cooperation of Eurojust, is expected to play a pivotal role in fostering 
regional  cooperation  and  strengthening  EU  Member  States’  participation.  In  this  regard,
Eurojust  will  continue  attending  dedicated  CrimEx  meetings,  the  outcome  of  which  will  be
transmitted to the members of the Focus Group. Once the special section of 
 devoted to
combatting  trafficking  would  be  created,  Eurojust  and  EMJ  would  further  consider  how  to
articulate the cooperation.

EMJNet

central role of victims

In migrant smuggling cases where the migrants suffered exploitation of any sort, the protection of
victims is paramount. The 
 in these cases was pointed out by the EU Anti-
trafficking  Coordinator,  the  OSCE  Special  Representative  and  it  was  one  of  the  main
conclusions stemming from the break-out discussions that took place during this session. In this
regard,  the  catalysing  action  to  protect  victims’  rights  in  cross-border  cases  that  Eurojust
conducts through its operational work and the Working Group on victims’ rights was recalled
to the participants.

EU  Anti-

trafficking Coordinator and by the OSCE Special Representative
As  follow-up  of  this  meeting  Eurojust  will  continue  the  discussions  with  the 

supporting national authorities to overcome difficulties in bringing human traffickers to justice. As
a  first  step,  Eurojust  will  gather  and  disseminate  to  practitioners  the  best  practice  and
challenges exchanged during today’s meeting together with key messages addressed by the EU
Anti-trafficking Coordinator and by the OSCE Special Representative.

Focus Group

 to further collaborate in

Eurojust will continue to support the 
 also in 2022. Active participation by the
Focus Group members, also in other events that might be organised in the coming months, is
warmly welcomed.

•

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•

•

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Eurojust, Johan de Wittlaan 9, 2517 JR The Hague, The Netherlands
www.eurojust.europa.eu  •  info@eurojust.europa.eu  •  +31 70 412 5000 
Twitter & LinkedIn: @Eurojust

PDF:    Catalogue number: QP-09-21-552-EN-N   •    ISBN: 978-92-9490-679-3   •    DOI: 10.2812/843188