Legal measures - A dynamic legal framework
The legal framework for addressing trafficking in human beings is the Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting victims, which was the first EU measure of criminal law nature to be adopted under the Lisbon Treaty. It harmonises the definition of the crime and the penalties. It furthers sets robust provisions for the protection, assistance and support to victims, as well as provisions to prevent the crime and provisions to better monitor and evaluate EU's efforts. It places the victims at its heart, and ensures that people who are victims of trafficking are given an opportunity to recover and to re-integrate into society. The main points in new directive are described below.
Criminal law and prosecution
Rules requiring tougher criminal laws to make prosecution easier, including:
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​An EU-wide definition of the crime
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​Non-prosecution or non-application of penalties to the victim (such as using false documents) that are a direct consequence of them being trafficked
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​Possibility to prosecute EU nationals for crimes committed in other countries (extraterritorial jurisdiction)
​Prevention
Includes measures to:
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Discourage demand for trafficking (employers hiring trafficked persons and clients buying sexual services from trafficking victims)
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Promote training – both for victims and officials likely to come in contact with them (border police, police, social workers, healthcare professionals, labour inspectors, etc.)
Victim protection and support
Includes measures to:
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Set up national mechanisms for identifying and assisting victims early on, based on cooperation between law enforcement and civil society bodies
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Provide victims with support (shelter, medical and psychological assistance, information and interpreting services)
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Ensure victims are treated appropriately as soon as there's an indication they have been trafficked, and are given assistance before, during and after criminal proceedings