European Union

Since 2011, the European Union’s efforts to prevent and combat human trafficking have primarily centered around Directive 2011/36/EU of the European Parliament and of the Council on combating trafficking in human beings, replacing Framework Decision 2002/629/JHA. The directive has served as the legal basis for a robust criminal justice response, as well as for high standards in the protection and support of victims. However, recent developments call for an update to the current text.

In April 2021, the Commission presented the EU Strategy to Combat Trafficking in Human Beings (2021-2025), which focuses primarily on preventing this form of crime, prosecuting traffickers, protecting victims, and empowering them to take action. The evaluation and potential revision of the directive on combating trafficking in human beings to align with its objectives were among the key actions outlined in the strategy.

As human trafficking is often perpetrated by organized criminal groups, the strategy to combat human trafficking is closely linked to the EU’s strategy to combat organized crime. Protecting society against organized crime, especially in the fight against human trafficking, is a priority of the EU’s strategy for the security union.

Key normative instruments related to human trafficking since 2004*:

• Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities
• Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property
• Directive 2011/36/UE of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA
• Directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
• Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA
• Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA
• Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European UnionDirective of the European Parliament and of the Council amending
• Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions on the EU strategy on combatting trafficking in human beings 2021-2025

*It is important to note that this list is not exhaustive, and other European Union instruments may also contribute to the fight against these crimes.