Migration and Home Affairs 2022

Infringement cases open at year-end 2018 - 2022

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By clicking on the multi-level chart, you can consult, for 2022, the number of infringement cases open at the year-end per policy sector and per type of infringement.

Compliance promotion activities in 2022

Guidelines on how to implement EU law

Operational guidelines for the implementation of Council Implementing Decision 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of the Temporary Protection Directive (Council Directive 2011/55/EC) and having the effect of introducing temporary protection of 21 March 2022;
Frequently Asked Questions document on the interpretation of the Temporary Protection Directive and Council Implementing Decision.
State of Schengen Report of 24 May 2022.
Common ‘Practical Handbook for Border Guards (Schengen Handbook)’ to be used by Member States’ competent authorities when carrying out the border control of persons and replacing Recommendation (C(2019) 7131 final).
Guidelines on the implementation of Council Decision (EU) 2022/333 of 25 February 2022 on the partial suspension of the application of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation and on general visa issuance in relation to Russian applicants) of 5 May 2022.
Guidelines on general visa issuance in relation to Russian applicants following Council Decision (EU) 2022/1500 of 9 September 2022 on the suspension in whole of the application of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation.
Update of the guidelines on general visa issuance in relation to Russian applicants and on controls of Russian citizens at the external borders of 30 September 2022.

Meetings with Member States

The 9th meeting of the informal expert group on children in migration took place on 17 February 2022 to discuss the implementation of the 2017 Communication on the protection of children in migration.
The Interoperability Committee: borders and visas meetings discussed the implementation of the two Interoperability Regulations (Regulation (EU) 2019/817 and Regulation (EU) 2019/818) on 18 March, 6 July and 20 October 2022.
The second generation Schengen Information System and Visa Information System committee (SIS-VIS committee) meetings discussed the implementation of the Regulation on the Schengen Information System in the field of border checks (Regulation (EU) 2018/1861) and the Regulation on the Schengen Information System in the field of police and judicial cooperation in criminal matters (Regulation (EU) 2018/1862), as well as the future implementation of the SIS Regulation (Regulation (EU) 2022/1190) on 10 February, 28 April, 23 June, 29 September and 1 December 2022.
The EU Network of National Rapporteurs and Equivalent Mechanisms on Trafficking in Human Beings discussed the correct and full implementation of the Anti-trafficking Directive (Directive 2011/36/EU) in relation to people fleeing the conflict in Ukraine on 9 March, 1 April and 6 July 2022; and jointly with the EU Civil Society Platform, on 26 October 2022.
The EU Civil Society Platform discussed the correct and full implementation of the Anti-trafficking Directive (Directive 2011/36/EU) in relation to people fleeing the conflict in Ukraine on 25 March 2022.
The EU Network of National Rapporteurs and Equivalent Mechanisms (NREM) discussed the implementation of the Anti-trafficking Directive (Directive 2011/36/EU) on 16 May 2022; and jointly with the EU Civil Society Platform on 27 October 2022.
The EU Civil Society Platform discussed the implementation of the Anti-trafficking Directive (Directive 2011/36/EU) on 18 May 2022.
An Expert workshop on children fleeing from Ukraine took place on 30 May 2022.
The Contact Group on Legal Migration met on 31 May 2022 to discuss, among other topics, the implementation of the Blue Card Directive (Council Directive 2009/50/EC), the Students and Researches Directive (Directive (EU) 2016/801), the Family Reunification Directive (Council Directive 2003/86/EC) and the Long-term Residents Directive (Council Directive 2003/109/EC).
The newly created Focus Group of Prosecutors specialised in the trafficking of human beings met for the first time on 14 June 2022 to begin exchanging best practices in criminal proceedings related to the Anti-trafficking Directive.
A passenger name record (PNR) application meeting took place on 22 June 2022 on how to best implement the PNR Directive (Directive (EU) 2016/681), notably on the consequences of the preliminary ruling of the Court of Justice in C-817/19 Ligue des droits humains ASBL v Conseil des ministres.
The Expert Group on the implementation of the Firearms Directive (Directive (EU) 2021/555) met on 24 June 2022 to discuss the implementation of the Commission Implementing Directive for the marking of firearms (Commission Implementing Directive (EU) 2019/68), the Commission Implementing Directive for alarm and signal weapons (Commission Implementing Directive (EU) 2019/69) and Commission Delegated Regulation for the systematic exchange of information relating to refusals of firearms authorisations (Commission Delegated Regulation (EU) 2021/1423).
The Dublin Contact Committee meetings of 24 June 2022 and 14 November 2022 discussed the implementation of the Dublin III Regulation (Regulation (EU) No 604/2013), which lead to the development of the Dublin Roadmap towards optimising the application of the Dublin III Regulation.
The Commission Expert Group on Firearms Exports Coordination (Reg. 258/2012) met on 23 September 2022.
The Commission Expert Group on the Implementation of the European Border and Coast Guard Regulation met to discuss with Member States the consecutive parts of the draft Handbook on the practical guidance for the functioning and management of the European Border Surveillance system (EUROSUR) in accordance with the Regulation on the European Border and Coast Guard (Regulation (EU) 2019/1896).
The Contact Group on Returns discussed the Return Directive (Directive 2008/115/EC).
The Commission Expert Group on National Contact Points on Migrant Smuggling met to discuss the implementation of the Employers Sanctions Directive (Directive 2009/52/EC).
A joint Steering Committee co-chaired by the Commission and the Greek Ministry for Migration and Asylum regularly meets to ensure migration in Greece is managed in an effective way and in line with the EU acquis and the proposed framework in the Pact on Migration and Asylum. These meetings involve all relevant stakeholders, including within Greek Ministries, EU Agencies, the United Nations Refugee Agency, the International Organisation for Migration and the United Nations Children’s Fund and cover reception, asylum, integration, return and border management issues.
Technical meetings of the Temporary Protection Platform (TPP) and associated work have helped Member States to use the platform efficiently, to harmonise practices while maintaining a constant line of communication between the Commission (data processor) and the Member States (joint controllers) and between Member States themselves.
15 bilateral meetings with Member States were held on the implementation of the Temporary Protection Directive (Council Directive 2011/55/EC) and Council Implementing Decision (Council Implementing Decision (EU) 2022/382).
The Schengen Committee, as part of the Schengen evaluation process, met six times during 2022.

Other compliance promotion tools

Technical Regulation Information System (TRIS) notification procedure under Directive for the provision of information in the field of technical regulations (Directive (EU) 2015/1535) in relation to the scope of the Firearms Directive (Directive (EU) 2021/555).
Schengen evaluation visits covering six different policy fields: management of external borders, common visa policy, return, police cooperation, Schengen Information System and data protection. There were 33 periodic evaluation visits in 2022 to EU Member States and Schengen Associated Countries and two voluntary fact-finding Schengen missions.

Follow-up given to petitions

In the area of Migration and Home Affairs, the Commission in 2022 handled one petition on the alleged breach of the Long-term Residents Directive (Council Directive 2003/109/EC) by Sweden, where no infringement of EU Law was identified (Petition 0327/2022).

Important preliminary rulings

Commissaire général aux réfugiés aux apatrides (Unité familiale - Protection déjà accordée), C-483/20;
Staatssecretaris van Justitie en Veiligheid (Examen d’office de la rétention), joined cases C-704/20 and C-39/21;
Bundesrepublik Deutschland (Enfant de réfugiés, né hors de l’État d’accueil), C-720/20
Ligue des droits humains, C-817/19;
Bundesrepublik Deutschland (Regroupement familial avec un mineur réfugié), joined cases C-273/20 and C-355/20;
Subdelegación del Gobierno en Pontevedra (Amende en cas de séjour irrégulier), C-409/20;
Országos Idegenrendeszeti Főigazgatóság e.a., C-159/21;
Valstybės sienos apsaugos tarnyba, C-72/22;
Centre public d’action sociale de Liège (Retrait ou suspension d’une décision de retour), C-825/21;
Politsei- ja Piirivalveamet (Placement en rétention - Risque de commettre une infraction pénale), C-241/21;
Staatssecretaris van Justitie en Veiligheid (Refus de prise en charge d’un mineur égyptien non accompagné), C-19/21.

Outlook for 2023

In 2023, the Commission will continue important enforcement work in the area of Migration and Home Affairs. In particular, the Commission plans to:

Follow-up, as appropriate, on possible completeness and conformity issues on the Anti-trafficking Directive; possible conformity issues on Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the EU; possible completeness issues on Directive (EU) 2019/1152 on law enforcement access to financial information; possible conformity issues on the Students and Researchers Directive (Directive (EU) 2016/801) and possible completeness issues on the Regulation addressing the dissemination of terrorist content online (Regulation (EU) 2021/784).
Follow-up on the incorrect transposition of the main three directives of the Common European Asylum System (CEAS): the Qualification Directive (Directive 2011/95/EU), the Asylum Procedures Directive (Directive 2013/32/EU); and the Reception Conditions Directive (Directive 2013/33/EU).

Follow-up on the incomplete transposition of the Firearms Directive (Directive (EU) 2021/555) and Commission Implementing Directives (EU) 2019/68 and (EU) 2019/69 and, if appropriate, follow-up on possible conformity issues.
Follow-up on the incorrect transposition of the Attacks Against Information Systems Directive (Directive 2013/40/EU) and the Combating Terrorism Directive (Directive (EU) 2017/541).
Follow-up on the incomplete transposition of the Directive combating fraud and counterfeiting of non-cash means of payments (Directive (EU) 713/2019) and, if appropriate, follow-up on possible conformity issues.

Follow-up on the incorrect transposition of the Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and child pornography.
Continue enforcement actions regarding asylum and migration.
Follow-up on important judgments and rulings in preliminary reference procedures of the Court of Justice of the European Union.

Assess the transposition of directives with transposition deadlines that expire in 2023, including:

Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (transposition deadline 19 November 2023); and
Commission Delegated Directive (EU) 2022/1326 of 18 March 2022 amending the Annex to Council Framework Decision 2004/757/JHA as regards the inclusion of new psychoactive substances in the definition of ‘drug’ (transposition deadline 18 February 2023).