Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence

• Published date: 05 December 2002
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 328, 05 dicembre 2002,Journal officiel des Communautés européennes, L 328, 05 décembre 2002,Diario Oficial de las Comunidades Europeas, L 328, 05 de diciembre de 2002

|

Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence

Official Journal L 328 , 05/12/2002 P. 0017 - 0018

Council Directive 2002/90/EC

of 28 November 2002

defining the facilitation of unauthorised entry, transit and residence

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(a) and Article 63(3)(b) thereof,

Having regard to the initiative of the French Republic(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) One of the objectives of the European Union is the gradual creation of an area of freedom, security and justice, which means, inter alia, that illegal immigration must be combated.

(2) Consequently, measures should be taken to combat the aiding of illegal immigration both in connection with unauthorised crossing of the border in the strict sense and for the purpose of sustaining networks which exploit human beings.

(3) To that end it is essential to approximate existing legal provisions, in particular, on the one hand, the precise definition of the infringement in question and the cases of exemption, which is the subject of this Directive and, on the other hand, minimum rules for penalties, liability of legal persons and jurisdiction, which is the subject of Council framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence(3).

(4) The purpose of this Directive is to provide a definition of...