and not those who provide humanitarian This issue is especially important in case of assistance to migrants in distress (Carrera MS at the common EU external border et al. 2016:11, see also Allsopp 2016, that have faced increased arrivals at Provera 2015). The study also finds various times, such as Italy, Spain, Greece variation in the way in which the or Hungary. The lifeguards, ship owners, Facilitators package is implemented at fishermen and NGO workers could be the national level. Such a variation bears charged with human smuggling after effect on irregular migrants and those intervening to save peoples’ lives at sea who assist them. Namely, civil society or offer help at the border zone. There are organisations fear sanctions and accusations of politicians and media that experience intimidation in their work with NGOs conducting lifesaving search and irregular migrants. Moreover, as a result of rescue operations (SAR) on the high seas the discretionary implementation of the and providing reception shelters across Facilitators Package in the national Europe indirectly encourage human legislation and variety of interpretation by smugglers and at the same time MS, there is a limitation to access to AMIF influence the migration crisis at the funding sources to projects providing Mediterranean Sea. All of this lead to humanitarian assistance to irregular undermine the work of civil society actors migrants. As a consequence, serious part and growing distrust between national of support provided to irregular migrants authorities, NGOs partners and public by social partners remains unreported opinion in the area of dealing with and unmonitored, which should be irregular migration. recognized as a negative indirect effect of existing EU law. Policy considerations Practical guidance to support EU More EU funds for social partners (cities Member States to implement the and civil society organisations) should be Facilitators Package in a fundamental available for humanitarian work with rights compliant manner should be irregular migrants in the context of considered (where punishment for increasingly mixed migration flows, humanitarian assistance at entry and the especially for such activities as provision of non-profit humanitarian emergency assistance for shelter and assistance should be explicitly excluded) food, and education for the children of (Carrera et al. 2016; FRA 2014). undocumented migrants (Carrera et al. 2016). Responding to the policy agenda
and not those who provide humanitarian assistance to migrants in distress (Carrera et al. 2016:11, see also Allsopp 2016, Provera 2015). The study also finds variation in the way in which the Facilitators package is implemented at the national level. Such a variation bears effect on irregular migrants and those who assist them. Namely, civil society organisations fear sanctions and experience intimidation in their work with irregular migrants. Moreover, as a result of the discretionary implementation of the Facilitators Package in the national legislation and variety of interpretation by MS, there is a limitation to access to AMIF funding sources to projects providing humanitarian assistance to irregular migrants. As a consequence, serious part of support provided to irregular migrants by social partners remains unreported and unmonitored, which should be recognized as a negative indirect effect of existing EU law. This issue is especially important in case of MS at the common EU external border that have faced increased arrivals at various times, such as Italy, Spain, Greece or Hungary. The lifeguards, ship owners, fishermen and NGO workers could be charged with human smuggling after intervening to save peoples’ lives at sea or offer help at the border zone. There are accusations of politicians and media that NGOs conducting lifesaving search and rescue operations (SAR) on the high seas and providing reception shelters across Europe indirectly encourage human smugglers and at the same time influence the migration crisis at the Mediterranean Sea. All of this lead to undermine the work of civil society actors and growing distrust between national authorities, NGOs partners and public opinion in the area of dealing with irregular migration. Policy considerations Practical guidance to support EU Member States to implement the Facilitators Package in a fundamental rights compliant manner should be considered (where punishment for humanitarian assistance at entry and the provision of non-profit humanitarian assistance should be explicitly excluded) (Carrera et al. 2016; FRA 2014). More EU funds for social partners (cities and civil society organisations) should be available for humanitarian work with irregular migrants in the context of increasingly mixed migration flows, especially for such activities as emergency assistance for shelter and food, and education for the children of undocumented migrants (Carrera et al. 2016). Responding to the policy agenda
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