As the EU Pact on Migration and Asylum entered into force on 12 June, the European Agency for Fundamental Rights (FRA) launched an updated Handbook on European Asylum, Borders and Immigration Law reflecting the major developments in EU law, the European Convention on Human Rights (ECHR), and Council of Europe Standards, it also includes the 2024 EU Pact on Migration and Asylum, as well as important case law from the CJEU and the ECHR.
The handbook highlights key gaps in existing frameworks. Under EU law, residence permits for trafficking victims remain tied to cooperation with criminal investigations, with no clear requirement for EUMS to grant a permit where proceedings are not envisaged. The non-punishment principle is referenced but remains inconsistently applied, an issue that could be addressed through the transposition of the revised Anti-Trafficking Directive. The handbook also reaffirms that under Article 4 of the ECHR, states carry a positive obligation to protect victims and potential victims proactively, without waiting for victims to self-identify. Several rules entering into force with the Migration Pact on 12 June carry significant implications for trafficking victims. The Asylum Procedure Regulation provides that accelerated or border procedures must not be applied where adequate support for vulnerable persons, including trafficking victims, cannot be ensured, and detention rules require particular attention to be paid to vulnerable persons in practice.
On labour exploitation, the handbook addresses the Employers Sanctions Directive, which criminalises particularly exploitative working conditions and allows temporary residence permits for workers who are children or subject to such conditions to facilitate complaints against employers, a provision that is relevant but rarely applied in practice.
Human trafficking and exploitation are increasingly linked to immigration routes, laws, and dynamics. This linkage was reflected on the latest Eurostat figures which shoued that 64% of all identified victims oh human trafficking were third-country nationals. Shrinking safe and legal migration pathways and continued demand for third-country national workers heighten migrant people’s vulnerabilities and push them into irregularity, increasing their exposure to exploitation, abuse, and human trafficking.
La Strada International and its members across Europe have been over the years raising concerns over the increasing exposure of migrant workers, particularly those in lower-skilled sectors, and refugees to exploitation, abuse and human trafficking. Currently, through the MOBILE project, we aim to enhance social dialogue and improve conditions for third country national workers by lifting legal and practical barriers and promoting decent working conditions. Through the Trafficked En Route project, we have been examining labour exploitation of third-country nationals along migration routes within and towards Europe. Moreover, through RESILIA we aim to strengthen the access of migrant and displaced women to mental health care and support.