A/HRC/29/36 European Council Strategic Guidelines 29. In its Conclusions of 26-27 June 2014, the European Council has adopted the new “Strategic Guidelines for Legislative and Operational Planning for the coming years within the EU’s Area of Freedom, Security and Justice (AFSJ)”. These Strategic Guidelines identified the need for an organised migration policy on both the basis of international protection and the long-term economic interests of the EU, as shown from the extracts below: 30. “Faced with challenges such as instability in many parts of the world as well as global and European demographic trends, the Union needs an efficient and well-managed migration, asylum and borders policy, guided by the Treaty principles of solidarity and fair sharing of responsibility, in accordance with Article 80 TFEU and its effective implementation. A comprehensive approach is required, optimising the benefits of legal migration and offering protection to those in need while tackling irregular migration resolutely and managing the EU’s external borders efficiently. 31. To remain an attractive destination for talents and skills, Europe must develop strategies to maximise the opportunities of legal migration through coherent and efficient rules, and informed by a dialogue with the business community and social partners. The Union should also support Member States’ efforts to pursue active integration policies which foster social cohesion and economic dynamism.” 26 The proposal for a holistic approach to migration from the European Parliament 32. In December 2014, the Civil Liberties Committee of the European Parliament adopted a resolution calling for a holistic EU approach on migration in the Mediterranean. The resolution includes sanctions for smugglers and human traffickers, and migration management agreements with third countries for cooperation and safe returns. It also calls for the strengthening of the border policy and security as well as enhancing the role of Frontex and European Asylum Support Office (EASO). Whilst the European Parliament has not yet passed the resolution, it suggests potential for the development of further political will in relation to the human rights of migrants. EU Action Plan to counter migrant smugglers 33. The Action Plan, to be adopted in 2015, will focus on identifying and dismantling the network of criminals who make profit of people seeking protection and better life prospects in Europe, often exposing them to gross human rights violations. In doing so, it will fully take into account the need to respect fundamental rights of migrants and to avoid criminalization of those who assist them for humanitarian reasons. 27 European Commission communication on EU Return Policy 34. In its 2014 Communication on EU Return Policy COM (2014) 199, the European Commission the Commission evaluated the Return Directive finding that it had effected legislative and practical changes in all Member States. It found that legislation in all Member States complies with the relevant rules fixed in Articles 16 of the Return Directive, whilst some practical shortcomings remain in a number of Member States. The Commission will follow up on all identified shortcomings. 26 27 EUCO 79/14. European Commission, 2015, “Reply by DG Migration and Home Affairs to the questions by the Special Rapporteur on the human rights of migrants”. 31

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