Implementing Action against Trafficking of Human Beings under the TFEU: A Preliminary Analysis

Abstract

This article examines the extent to which the European Union and its Member States have been able to implement so-called 3P obligations (prosecution, protection and prevention) in relation to trafficking of human beings under the Treaty on the Functioning of the European Union (TFEU), with particular reference to the new EU Directive adopted in 2011. A detailed analysis of relevant provisions will be presented in comparison with its predecessor, the Framework Decision on Human Trafficking 2002, adopted under the TEU. The main conclusion reached is that, although a number of improvements have been made to fulfil 3P obligations, a wide margin of discretion, the principle of State sovereignty as well as other issues such as enlargement and restrictive immigration policies might prevent the EU and its Member States from advancing effective action against this crime.