The european approach to migrant smuggling

Buha Milijana (Pravni fakultet Univerzitet u Banjoj Luci, Republika Srpska), milijana.buha@pf.unibl.org

Smuggling of persons (migrants) is one of the more serious forms of cross‐border organised crime, which not only threatens the security of the Member States of the European Union (EU) but also the lives and fundamental human rights of migrants. EU regulations oblige the Member States to criminalise any intentional facilitation of the unauthorised entry, transit, or residence of aliens when committed for the purpose of obtaining material benefit. European legislation also requires stricter punishment for more serious forms of migrant smuggling, such as acts committed within an organised criminal group, endangering the life or health of migrants, or involving inhuman or degrading treatment. For more serious forms of human smuggling, the introduction of deterrent penalties is required, which implies stricter prison sentences and expanded confiscation of assets obtained through human smuggling. Accepting the EU\'s demands for stricter punishment for human smuggling is particularly important for Bosnia and Herzegovina and Serbia, as both countries are located on the so‐called \"Balkan migrant route\", which makes them particularly exposed to the activities of organised smuggling networks and an increased risk of committing serious crimes related to illegal migration.

Keywords: Human smuggling, EU regulations, human trafficking, penalties