Eurojust and Human Trafficking - The State of Affairs
- Document number
- 1062
- Date
- 2005
- Title
- Eurojust and Human Trafficking - The State of Affairs
- Author/publisher
- Boudewijn de Jonge, Eurojust, European Union
- Availability
- View/save PDF version of this document
- Document type(s)
- Research/Study/Analysis,
- Keywords
- European Union, Law enforcement; Judicial cooperation; Organised crime, Human Trafficking, International cooperation, Prosecution
- Summary
- This report aims to assess the current role of Eurojust in the fight against human trafficking and come up with suggestions to further strengthen the support by Eurojust to the Member States. Part One starts with an overview of the fight against human trafficking in the EU. Statistics show that the level of activity against THB greatly differs between the Member States. The figures show relatively little activity in some of recently acceded Member States, while Austria and the Netherlands seem to be very active in terms of prosecutions. However, the differences in definition of ‘a prosecution’, the enormous differences in substantive criminal law and use of these THB provisions, make that bare figures are to be handled with caution. An overview of available figures on the level of organisation of the crime, gives the impression that the majority of THB is committed by relatively small OC groups. However, several experts warn of a possible consolidation of criminal organisations in this field in the forthcoming years. Subsequently, Part One assess the qualitative response of law enforcement authorities on the basis of interviews and case studies. While THB has a predominant international character, it is mostly combated from a local or national perspective. An integrated approach of the whole chain of criminal activities and aspects related to victims and proceeds of crime is thereby impeded. Only few of the reasons for this problem are of a legal nature. As biggest obstacles appear are mentioned: restrictive prosecution policies: restrictions of different nature make that intelligence-led investigations and international cooperation are often not possible, Action Plans on THB have often only limited effect on law enforcement practice, negative structure of incentives to cooperate across the border: there are no personal benefits for an investigator of prosecutor to cooperate, on the contrary: cooperation with countries outside the Union is feared and there is often an attitude of unwillingness to share information, especially in an early stage of proceedings. Organisational problems on national level: friction between authorities creates a situation in which investigations take place in isolation from each other and possibilities for special investigative techniques and international cooperation are not fully used. Novelty of attention to the crime: the attention to THB and the criminal provisions are often of recent date, it will take time before all authorities are fully acquainted with it. Part Two describes the current role of Eurojust in resolving the indicated problems. The percentage THB cases of the total Eurojust caseload remains limited, the number of cases in which truly coordinated investigations take place is even smaller. The problems at national level make that Eurojust is not being used yet to the fullest extent possible. However, the mere existence of the organisation has already achieved that an integrated approach of THB is more easily possible. But even in Eurojust cases, the geographical scope of investigations (across EU borders) and the related issues like Moreover, the first attempts of generation of investigations on European level are described. These form an alternative to the current bottom-up referral of cases to Eurojust. These investigations may follow a more integrated approach right from the start. Part Three delivers input to the discussion on how the organisation can further develop its contribution to the fight against THB. It also lists some recommendations for Eurojust.
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