Post-Brexit Legal Challenges in the Cooperation against Migrant Smuggling

Ventrella, M ORCID: 0000-0003-1767-1786 (2025) Post-Brexit Legal Challenges in the Cooperation against Migrant Smuggling. In: Davies, G and Carrapico, H, (eds.) UK-EU Police and Judicial Cooperation Post-Brexit. Hart Publishing, pp. 243-256. ISBN 9781509966448

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Abstract

This chapter focuses on the smuggling of migrants in the European Union (EU) and in the United Kingdom (UK), and on the possible cooperation in tackling this crime when perpetrated by sea, under the Trade and Cooperation Agreement (TCA).[1] Section II sets out the EU’s policies and legislation on smuggling and migrants, and how these were implemented in the UK when it was a Member State. Section III then analyses the extremely thin measures in the TCA for cooperation on the smuggling of migrants, alongside the possibility for cooperation through other international treaties. Section IV analyses the British law on migration and the most recent developments adopted since 2022, including the now abandoned Rwanda deal and the case law of the European Court of Human Rights (ECtHR) and of the British courts on the deal. The same section focuses on UK laws post-Brexit, pertaining to the smuggling of migrants by boat. The chapter demonstrates how the recent increase in arrivals of undocumented migrants via small boats has led the UK to implement stringent migration laws, further solidifying the externalisation of migration. The chapter concludes that an agreement with the EU on migration and asylum, which as a minimum establishes safe and legal routes to the UK and sets out fair rules on redistribution, is essential.

Item Type:	Book Section
Uncontrolled Keywords:	Smuggling; UK; EU; Cooperation
Subjects:	K Law > K Law (General)
Divisions:	Law
Publisher:	Hart Publishing
Date of acceptance:	24 March 2025
Date of first compliant Open Access:	9 July 2025
Date Deposited:	09 Jul 2025 12:45
Last Modified:	09 Jul 2025 12:45
DOI or ID number:	10.5040/9781509966479.ch-020
Editors:	Davies, G and Carrapico, H
URI:	https://researchonline.ljmu.ac.uk/id/eprint/26745

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