Skip to main content
European Commission logo
en
European Commission

Migration and Home Affairs 2023

2023 Annual Report on monitoring the application of EU law - Infringement cases by policy area

Infringement cases open at year-end 2019 - 2023

[notranslate]infringement_cases_open_at_year_end_2019_2023[/notranslate]

By clicking on the multi-level chart, you can consult, for 2023, the number of infringement cases open at the year-end per policy sector and per type of infringement.

Compliance promotion activities in 2023

Guidelines on how to implement EU law

Meetings with Member States

  • The Labour Migration Platform met on 9 January to discuss labour shortages in the EU and relevant EU-level initiatives; on the 21 and 22 June to discuss the EU Talent Pool proposal; and on 5 October 2023 to discuss third-country seasonal workers and the fight against illegal employment and trafficking in human beings.
  • The Commission Expert Group on the implementation of the European Border and Coast Guard Regulation (Regulation (EU) 2019/1896) met with Member States on 17 January 2023 on the evaluation of such Regulation and on 18 September 2023 on the drafting of the European Border Surveillance system (EUROSUR) Handbook.
  • The Expert Group for the Implementation of the Firearms Directive (Directive (EU) 2021/555) facilitates cooperation among Member States and with the Commission, exchange of information and good practices on the implementation of the Directive. The meeting was held on 18 January 2023.
  • The Critical Entities Resilience Group facilitates cooperation between Member States and the Commission in the application of the Directive on the resilience of critical entities (Directive (EU) 2022/2557). The meetings were held on 25 January, 20 March, 8 June, 27 September, and 29 November 2023.
  • In 2023, the European Contact Group on Search and Rescue met on 31 January, 16 June and 2 October. They delivered on the objectives outlined in the Commission Recommendation on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities (Commission Recommendation (EU) 2020/1365).
  • The Visa Information System (VIS) expert sub-group supports the Commission in the preparation of delegated and implementing acts regarding the Visa Information System. In 2023, the meetings were held on 23 January, 20 and 28 February (joint VIS/Interoperability), 27 April and 16 June.
  • The Interoperability expert sub-group assists the Commission on the preparation of secondary legislation related to the interoperability framework (Regulation (EU) 2019/817 and Regulation (EU) 2019/818). In 2023, the meetings were held on 31 January, 28 February (joint VIS/Interoperability), 28 March, 12 April (joint Interoperability/European Travel Information and Authorisation System (ETIAS)), 19 June, 8 September, and 17 November 2023.
  • Moreover, the Interoperability Committee: Borders and Visa met on 31 January 2023. The Commission presented amendments to some implementing acts.
  • The Schengen Information System (SIS) expert sub-group assists the Commission in the preparation of secondary legislation related to the renewed Schengen Information System (Regulation (EU) 2018/1860, Regulation (EU) 2018/1861 and Regulation (EU) 2018/1862). The meetings were held in February, on 23 March, 15 May and 7 December 2023.
  • The SIS-SIRENE (Supplementary information request at the national entries) Committee in the field of police cooperation and judicial cooperation in criminal matters met on 16 February (joint SIS/VIS – SIS/SIRENE), 23 March, 20 June, 21 September and 13 October 2023.
  • The Smart Borders Committee met on 20 February, 27 April, 16 June, 18 September, 17 November and 1 December 2023 to discuss the revised acts related to the Visa Information System (VIS), the European Travel Information and Authorisation System (ETIAS) and the Entry/Exit System (EES).
  • The Entry/Exit System expert sub-group supports the Commission in the preparation of secondary legislation related to the Entry/Exit System (EES – Regulation (EU) 2017/2226). During 2023, the meetings were held on 20 February, 30 March (joint EES/European Travel Information and Authorisation System - ETIAS), 11 September, and 7 November.
  • The ETIAS expert sub-group assists the Commission in the preparation of secondary legislation related to ETIAS (Regulation (EU) 2018/1240). The meetings were held on 12 April (joint Interoperability/ETIAS) and 11 September 2023.
  • The Commission organised meetings with Member States to discuss the application of the Passenger Name Record Directive (Directive (EU) 2016/681) on 1 February and 30 June 2023.
  • The Contact Group on the Return Directive discussed the application and implementation of EU law on returns (notably the Return Directive – Directive 2008/115/EC) on 21 March and 24 October 2023.
  • The Committee on a Uniform Visa Format met on 18 April and 16 November 2023 to discuss the implementation of the Council Regulation laying down a uniform format for visas (Council Regulation (EC) 1683/95) and the Council Regulation laying down a uniform format for residence permits for third-country nationals (Council Regulation (EC) 1030/2002) with Member States.
  • The Schengen Committee discussed the findings of Schengen evaluations and provided opinions on the Commission implementing acts establishing the respective evaluation reports (Council Regulation (EU) 2022/922). In 2023, the meetings were held on 7 February, 6 March, 27 April, 16 June, 18 July, 25 September, 26 October, and 15 December.
  • The Travel Document Committee met on 24 January, 12 May and 9 October 2023 with Member States concerning the implementation of the Decision on the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa (Decision 1105/2011/EU).
  • The Commission Expert Group of National Contact Points on Migrant Smuggling met on 9 February, 21 June and 10 November 2023 to discuss the application of the EU acquis in the area of migrant smuggling, notably on the Facilitators Package (Council Directive 2002/90/EC and Council Framework Decision 2002/946/JHA) and the Directive on sanctions against employers of illegally staying third-country nationals (Directive 2009/52/EC).
  • In March 2023, the Commission launched two pilot projects with Bulgaria and with Romania for swift asylum and return procedures. The respective Steering Committees for the Bulgarian and the Romanian project met within this framework.
  • The Dublin Contact Committee met on 16 March, 23 May, 15 September and 4 December 2023 to discuss with Member States the implementation of the Dublin III Regulation (Regulation (EU) 604/2013).
  • The Visa Committee discussed the implementation of the Visa Code with Member States (Regulation (EC) no. 810/2009) on 23 March, 27 June, 24 October, and 18 December 2023.
  • The EU Network of National Rapporteurs and Equivalent Mechanisms (NREM) discusses issues arising from the implementation of the Anti-Trafficking Directive (Directive 2011/36/EU). The meetings were held on 25 and 26 April 2023 to discuss the implementation of the referral mechanisms.
  • The Contact Group on Legal Migration held meetings on 28 April on the application of the EU legal migration acquis; on 27 June on the implementation of the EU Blue Card Directive (Directive (EU) 2021/1883); and on 12 October 2023 on the revised Visa Information System and how to use it for the purpose of the Long-Term Residents Directive (Council Directive 2003/109/EC).
  • The Commission held bilateral meetings with all Member States and with the associated Member States on the implementation of the Dublin III Regulation (Regulation (EU) 604/2013) in April and May 2023.
  • The Commission organised a workshop to promote the correct implementation of the Council Recommendation on operational law enforcement cooperation (Council Recommendation (EU) 2022/915) on 17 May and 9 October 2023.
  • The Commission took part in two meetings of the Heads of the Single Points of Contact of the Member States’ security and custom services on 13 and 14 June and on 14 and 15 December 2023. The meetings addressed topics such as new legal instruments, difficulties regarding workflows both on national and international level, defining and sharing best practices, assess the efficiency of the cooperation between national services, identify possible legal and pragmatic obstacles to cross-border law enforcement cooperation and finding the most appropriate solutions to cope with them.
  • The Standing Committee on Precursors assists the Commission in the implementation and monitoring of the Regulation on the marketing and use of explosives and precursors (Regulation (EU) 2019/1148). The meetings were held on 27 and 28 June and 22 November 2023.
  • The Commission organised a workshop on 31 May 2023 to promote the correct implementation of the Directive on information exchange (Directive (EU) 2023/977).
  • The European Asylum Dactyloscopy Database (EURODAC) Contact Committee met on 19 July 2023 and provides information exchange on the application of the EURODAC Regulation (Regulation (EU) 603/2013).
  • The Committee established under the Firearms Directive (Directive (EU) 2021/555) met to discuss and approve the implementing act on marking of firearms on 13 October and 1 December 2023.
  • The Commission organised the 9th Biannual Interoperability Forum on 20 November 2023, with Member States, associated countries, and European Agencies.
  • The Commission organised a workshop on the application and enforcement of the Terrorist Content Online Regulation (Regulation (EU) 2021/784) with Member States and other stakeholders (hosting service providers and Europol) on 24 November 2023.
  • In 2023, the Task Force Migration Management Steering Committee continued to regularly meet following the Memorandum of Understanding signed between the Commission, the EU Agencies and Greece in September 2020. The Steering Committee is composed of the Taskforce and the Greek authorities and oversees the overall implementation of the Joint Pilot for the establishment of a new Multi-Purpose Reception and Identification Centre in Lesvos. It is the primary forum where issues of implementation of the EU acquis on asylum and migration are discussed between the Commission and the Greek authorities and relevant stakeholders.
  • The Solidarity Platform continued to meet in 2023 to ensure a harmonised application of the provisions of the Temporary Protection Directive (Council Directive 2001/55/EC), triggered by the invasion of Ukraine by Russia, and bringing together Member States, other countries, EU agencies, international organisations, civil society and Ukrainian authorities.

During 2023, the Commission held several meetings with different Member States and associated countries to discuss the outcome of the periodic evaluation under the Schengen evaluation and monitoring and related issues. The meetings were held in March with Denmark, in June with Greece and Portugal, in September with France, and in October with Iceland and Lithuania.

Other compliance promotion tools

  • In 2023, the Commission kept monitoring developments in Member States regarding the rule of law through the annual Rule of Law Report. The report covers specific topics such as the implementation of the 1997 Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union.
  • The Commission coordinated the European Migration Network (EMN) as a network of migration and asylum experts who work together to provide objective, comparable policy-relevant information and knowledge on emerging issues relating to asylum in migration in Europe.
  • In early 2023, within the Horizontal Working Party on Drugs of the Council, the Commission reminded Member States of their obligations to notify draft technical regulations placing new psychoactive substances. The Directive lays down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (Directive (EU) 2015/1535).
  • On 9 February 2023, the Commission requested Member States to notify the national measures necessary to fully implement the European Border and Coast Guard Regulation (Regulation (EU) 2019/1896), in particular its Articles concerning the National Coordination Centres, bilateral and multilateral agreements and the designation of the data controller. On 10 July 2023, the Commission published the Report on the Directive on combating fraud and counterfeiting of non-cash means of payment (Directive (EU) 2019/713).
  • On 23 November 2023, the Commission published the Dublin Roadmap in action identifying good practices in the Member States regarding the implementation of the Dublin III Regulation (Regulation (EU) 604/2013).
  • On 19 December 2023, the Commission published the Report on a temporary derogation from certain provisions of Directive 2022/58/EC regarding the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sex abuse.
  • The Commission organised Schengen evaluation visits to several countries: Estonia (November and December 2023), Spain (on visas - February 2023), Croatia (on visas - December 2023), Latvia (October and November 2023), Lithuania (May and June 2023), Portugal (on visas - April 2023) and Finland (May and June 2023). More visits were organised: of Spain (July 2023) on border management and Iceland (September 2023) on police cooperation; verification visits in Belgium (January 2023) and France (November 2023) on border management; unannounced Schengen evaluation of France and Italy (September 2023) on border management and the Schengen Information System; first-time evaluation of Cyprus (October 2023) in the field of Schengen Information System (SIS); thematic evaluation of all Member States to identify best practices in police cooperation, protection of external borders and management of IT systems to fight against drugs trafficking into the EU; voluntary fact-findings missions to Bulgaria (November 2023) to determine the latest developments in the application of the Schengen acquis.

Follow-up given to petitions

In 2023, the Commission informed the European Parliament on the actions taken in relation to petitions presented in 2023 and in previous years reporting alleged breaches of EU law in the area of migration and home affairs. Most petitions concerned the areas of borders and Schengen.

  • Petition 0037/2023 on controls at the Danish-German border and Petition 0585/2023 on the closures of the Karavanka tunnel due to Austrian border checks: the Commission announced in its reply to the European Parliament that the Commission launched a formal consultation process under Article 27(5) of the Schengen Borders Code with Member States concerned by the long-lasting internal border controls. It indicated that it was prepared to make use of the legal means in case controls at internal borders were not based on the existence of a new serious threat affecting public policy or internal security.
  • Petition 0314/2023 on the alleged discrimination of Russian nationals having permanent residence status in Latvia: the Commission announced that it would examine the national legislation in the light of the Long Term Residents Directive and, if necessary, contact the Latvian authorities.
  • Petition 0604/2023 on Estonia’s refusal of entry in the country of Russian nationals: the Commission explained in its reply to the European Parliament the grounds and conditions to grant the entry of Russian nationals into EU territory following the reinforced scrutiny put in place after the start of the war of aggression against Ukraine. It clarified the criteria included in the specific guidelines of 2022 aiming to harmonise practices in the Member States.
  • Petition 0189/2016: the alleged non-compliance of German law with European law in terms of so-called data retention was discussed in the Committee in presence of the petitioner.
  • Petition 0620/2016 regarding access to asylum and the reception conditions for migrants and refugees in Greece: the Commission provided information on the activity of the Task Force supporting national authorities in the creation and management of reception facilities. Furthermore, the Commission informed the European Parliament that it sent a letter of formal notice to Greece in 2023 on the incorrect transposition of provisions of the Reception Conditions Directive.
  • Petition 1247/2016 concerning the criminalisation of persons engaging with migrants in an irregular situation and the criminalisation of humanitarian assistance at sea: the Commission informed the European Parliament that it will report on the implementation of the Facilitation Directive and the Council Framework Decision, as well as the implementation of the Guidance adopted in 2020.

Court of Justice rulings against Member States

  • Commission v Hungary (Déclaration d’intention préalable à une demande d’asile), C-823/21;
  • Commission v Sweden (Contrôle de l’acquisition et de la détention d’armes), C-353/22.

Important preliminary rulings

  • Afrin, C-1/23 PPU;
  • Commissaire général aux réfugiés et aux apatrides (Unité familiale), C-374/22;
  • Commissaire général aux réfugiés et aux apatrides (Unité familiale), C-614/22;
  • Commissaire général aux réfugiés et aux apatrides (Réfugié ayant commis un crime grave), C-8/22;
  • Odbor azylové a migrační politiky MV (Champ d’application de la directive retour), C-257/22;
  • Bundesamt für Fremdenwesen und Asyl (Réfugié ayant commis un crime grave), C-663/21;
  • OFPRA (Statut de réfugié d’un apatride d’origine palestinienne), C-294/22;
  • Ministero dell’Interno (Brochure commune - Refoulement indirect), Joined Cases C-228/21, C-254/21, C-297/21, C-315/21, C-328/21;
  • M.D. (Interdiction d’entrée en Hongrie), C-528/21;
  • Staatssecretaris van Justitie en Veiligheid (Délai de transfert - Pluralité de demandes), Joined Cases C-323/21, C-324/21, C-325/21;
  • Staatssecretaris van Justitie en Veiligheid (Notion d’atteintes graves), C-125/22;
  • Staatssecretaris van Veiligheid en Justitie (Opinions politiques dans l’État membre d’accueil), C-151/22;
  • Staatssecretaris van Justitie en Veiligheid (Crime particulièrement grave), C-402/22.

Outlook for 2024

In 2024, the Commission will continue important enforcement work in the area of migration and home affairs. In particular, the Commission plans to:

In the area of asylum:

In the area of digital security: