AMENDMENTS 111 - 586 - Draft report Laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA

Amendement n°179 (europe)

Affaires étrangères et coopération

Justice et droit

Consommateurs

Déposé le Dimanche 27 avril 2025 à 22h00

Déposé par : Mme Fabienne KELLER, Mme Abir AL-SAHLANI, Mme Raquel GARCÍA HERMIDA-VAN DER WALLE, Mme Irena JOVEVA, M. Jan-Christoph OETJEN,

Recital 7 a (new)

Version initale

Amendement

(7 a) Where an individual or organisation offers assistance to migrants through actions which are selfless and from which no financial or other material benefit is derived, or which are based on the principles of humanity, neutrality, impartiality, access to asylum and to justice and independence, then those actions should not be criminalised. Such actions may include the carrying out of search and rescue operations in accordance with international law, assistance to family members, assistance to third-country nationals in situations of danger or distress, the provision of legal assistance, medical assistance, healthcare, housing, shelter, clothing, food and water to third-country nationals or supporting third-country nationals in asserting their rights.

Exposé sommaire

Recital 7a explains what the humanitarian clause covers and that it includes provision oflegal assistance explicitly. However, it is suggested to add a reference to the principles ofaccess to asylum and to justice in order to make sure that that second part of the firstsentence enumerates a principle attached to the legal assistance being provided to asylumseekers and migrants. Indeed, the first part of the first sentence (“Where an individual ororganisation offers assistance to migrants through actions which are selfless and from whichno financial or other material benefit is derived (...)”) does not give enough justification forlegal assistance as lawyers might be remunerated for their legal assistance. Indeed, theprovision of legal assistance is based on the principles of access to asylum and access tojustice as well as independence. Adding these principles would also boost the basis for theactivity of “supporting third-country nationals in asserting their rights”.