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The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.

By leaving the EU, the UK will also leave EU agencies such as Europol and Eurojust. Brexit, therefore, may create a gap in cooperation between law enforcement authorities of different Member States in their ability to detect human trafficking. Legal instruments such as the European Arrest Warrant may be repealed and the UK may reduce their cooperation in EU criminal matters. While the UK remains in the EU, it can join EU legal measures in the criminal area. After Brexit, this option will no longer be available. There is thus the risk that the UK will decide not to be bound by the Human Trafficking Directive. This article seeks to explore where the UK stands in the fight against human trafficking and what position it may adopt after Brexit. Subsequently, the article explicates the claim that a larger number of vulnerable people may be targeted by criminal organisations and recruited for the purpose of human trafficking and forced labour because EU citizens may no longer be entitled to live in the UK with the same rights and entitlements. This analysis will be conducted by examining EU legislation in the criminal area, UK legislation on human trafficking and the proposals presented by the UK government.