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Smuggling of migrantsSmuggling of migrants is “an activity undertaken for a financial or other material benefit by procuring the irregular entry of a person into a state where the person is not a national or a permanent resident”. Irregular entry refers to crossing an international border with another state without fulfilling the necessary requirements to enter the state legally. United Nations Protocol against the smuggling of migrants by land, sea and air, supplementing the United Nations Convention against transnational organized crime, 2000, Article 3 (a) and (b). The Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence requires Member States to adopt appropriate sections on “any person who intentionally assists a person who is not a national of a Member State to enter, or transit across, the territory of a Member State in breach of the laws of the State concerned on the entry or transit of aliens”, and “any person who, for financial gain, intentionally assists a person who is not a national of a Member State to reside within the territory of a Member State in breach of the laws of the State concerned on the residence of aliens”. The Directive leaves a margin of discretion for Member States to not to impose sanctions for this this conduct, where it aims to provide humanitarian assistance to the person concerned”. Facilitation Directive (2002/90/EC), Article 1. | ||