Oldenburger Schriften zum Öffentlichen Recht

Sophie Tschorr

Trafficking of human beings –

evaluation of the implementation of EU-legal measures combating human trafficking exemplified by the legislation in Austria and Germany

Human trafficking has become a transnational organised crime business, which grows from day to day. It is not only a problem, but it is also a threat and an affront to human dignity. It is clear that a fight against such a crime is only possible in cooperation between states and due to com-prehensive effective measures and determination. In its “Executive summary” of the report “Trafficking in human beings”, Eurostat explains that it exists a need for an enhancement in the investigation proceedings, prosecution and conviction of human traffickers. Major objective has to be the end of human trafficking. It is therefore a dire necessity to implement the HT-Directive and to put the issue on every government’s priority agenda. In this course one of the first matters in the coming legislative period in Germany has to be an enhanced act elaborate with the Bundeskriminalamt and other police authorities in order to fulfil the objectives of the HT-Directive. Necessary is the enhancement of the rights of victims, which NGOs have called for.

The German legislator has struggled with an implementation of appropriate and effective mea-sures since the signing of the UN Convention against Transnational Organised Crime. The search for an appropriate implementation of international and European requirements is characterised by political dispute within the Bundestag and the government itself. Till today, Germany have not implemented and transposed the minimum standards. Now, the German government announced that further work and considerations concerning the implementation of the HT-Directive are scheduled for the next legislature period.

Main recommendation for Germany is the establishment of a similar National Referral System like the Austrian model. Furthermore, Germany must announce, in accordance with the requirements of the HT–Directive, a National rapporteur to ensure a more comprehensive cooperation with the Member States and European institutions. Only in that way, an enhanced communication between all parties can be ensured. Part of the announced changes must be the revision of the provisions within the German penal code.

Bd. 4, XXIII, 81 S., Edewecht 2015, € 39,80
ISBN-13 978-3-95599-016-9