The Fight against Trafficking in Selected SEM and EU States

This report tries to give an insight into what case law on trafficking and exploitation has told us about implementation of trafficking legislation, focusing especially on the Mediterranean Region. Five countries from the South and five from the North have been taken to give as examples. The countries from the North have been chosen partly to give an overview from different parts of the EU partly because they each present interesting and rather developed case law which helps understand what the contents of the crime and crimes related to trafficking actually consist of. As a background for the analysis of what trafficking/exploitation means in these countries is a brief overview of relevant international and regional legislation. The interpretation given by the courts to human trafficking indirectly affects the way in which the pre-trial investigation authorities and other parties working with trafficking in human beings define human trafficking and whom they identify as a victim of trafficking. Court decisions affect the way in which the authorities identify victims of human trafficking and under what offence categories the cases are investigated and prosecuted. By their decisions, the courts also have an influence on who is entitled to the services of the system for victim assistance intended for victims of human trafficking, reflection periods, and residence permits. The implementation of the rights of human trafficking victims has strong links to how the courts apply and interpret the penal provisions on human trafficking and their relation to offences related to human trafficking. Résumé This report tries to give an insight into what case law on trafficking and exploitation has told us about implementation of trafficking legislation, focusing especially on the Mediterranean Region. Five countries from the South and five from the North have been taken to give as examples. The countries from the North have been chosen partly to give an overview from different parts of the EU partly because they each present interesting and rather developed case law which helps understand what the contents of the crime and crimes related to trafficking actually consist of. As a background for the analysis of what trafficking/exploitation means in these countries is a brief overview of relevant international and regional legislation. The interpretation given by the courts to human trafficking indirectly affects the way in which the pre-trial investigation authorities and other parties working with trafficking in human beings define human trafficking and whom they identify as a victim of trafficking. Court decisions affect the way in which the authorities identify victims of human trafficking and under what offence categories the cases are investigated and prosecuted. By their decisions, the courts also have an influence on who is entitled to the services of the system for victim assistance intended for victims of human trafficking, reflection periods, and residence permits. The implementation of the rights of human trafficking victims has strong links to how the courts apply and interpret the penal provisions on human trafficking and their relation to offences related to human trafficking.