On 3 June 2025, the Court of Justice of the European Union (CJEU) delivered a judgment clarifying the scope of the offence of facilitation of unauthorised entry into the EU. The Court ruled that a third-country national cannot be criminally penalised for bringing minors under their care into an EU Member State, even if this entry breaches border rules. This decision emphasises the protection of family responsibilities and fundamental rights within EU law.

In a recent study, the European Parliament Research Service (EPRS) recommended clarifying the scope of criminal offences in the Facilitation Directive to ensure that only activities involving organised criminal networks are included and called for the explicit exemption of humanitarian actions aligned with international protection from criminalisation.