Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims

Summary:

Directive 2011/36/EU - signed by the co-legislators on 15 April 2011 - establishing a legal and policy framework for addressing trafficking in human beings (THB) at EU level. It replaces Council Framework Decision 2002/629/JHA.

Further information:

Directive 2011/36/EU - also known as the Anti-Trafficking Directive - lays down minimum common rules for the European Union (EU) in determining offences of trafficking in human beings and punishing offenders. It also provides for measures to better prevent this phenomenon and to strengthen the protection of victims. This piece of legislation focuses on criminal prosecution, prevention and victim protection. It adopts a holistic, child-sensitive and gender-specific approach.

The initiative was first tabled by the European Commission on 29 March 2010, following up on a previous proposal tabled in 2009. An informal agreement between the co-legislators on this initiative was announced on 24 November 2010. The European Parliament endorsed it on 14 December, followed by the Council of the European Union on 21 March 2011. The Act was signed by the co-legislators on 15 April 2011 and published in the Official Journal on 15 April 2011.

A number of implementation reports concerning this Directive were published since its adoption. The plenary of the European Parliament discussed in February 2021 the Directive's effectiveness, based on an Own-Initiative Report.

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Commentary and Analysis

EPRS: At a Glance, February 2021: Implementing the Anti-trafficking Directive https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA(2021)679068

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Official

EUR-LEX: COM(2010)95: Proposal for a Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2010:95:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Preventing and combating trafficking in human beings, and protecting victims (2010/0065(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2010/0065(COD)

European Commission: Together Against Trafficking in Human Beings https://ec.europa.eu/anti-trafficking/

European Commission: Press Release, 29/03/2010: EU Commission strengthens the fight against trafficking in human beings https://ec.europa.eu/commission/presscorner/detail/en/IP_10_380

European Commission: Proposal for a Directive on preventing and combating trafficking in human beings and protecting victims, repealing Framework Decision 2002/629/JHA (MEMO, 29/03/2010) https://ec.europa.eu/commission/presscorner/detail/en/MEMO_10_108

Council of the European Union: Press Release, 24/11/2010: Trafficking in human beings https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/117996.pdf

European Commission: MEMO, 24/11/2010: Commissioner Malmström welcomes political agreement on the Directive on trafficking in human beings https://ec.europa.eu/commission/presscorner/detail/en/MEMO_10_610

Council of the European Union: Press Release, 21/03/2011: Trafficking in human beings https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/120073.pdf

European Commission: Press Release, 21/03/2011: Human trafficking: Commission welcomes Council adoption of stronger EU rules https://ec.europa.eu/commission/presscorner/detail/en/IP_11_332

UK Government: News, 22/03/2011: Government looks to join Europe-wide action on trafficking https://www.gov.uk/government/news/government-looks-to-join-europe-wide-action-on-trafficking

United Nations: Prevent. Combat. Protect - Human Trafficking - Joint UN Commentary to the EU Directive (December 2011) https://www.unodc.org/unodc/en/human-trafficking/2011/the-eu-directive-on-trafficking-in-human-beings-a-joint-un-commentary.html

European Parliament: Legislative Observatory: Procedure File for Own-Initiative Report on Implementation of the Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims from a gender perspective (2015/2118(INI)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2015/2118(INI)

European Parliament: Legislative Observatory: Procedure File for Own-Initiative Report on Implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (2020/2029(INI)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2020/2029(INI)

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