Study on case law relating to trafficking of human beings for labour exploitation
Client: DG Home Affairs, 2014-2015
The overall objective of this project was to provide the European Commission, Member States and stakeholders with the necessary knowledge on THB for forced labour case-law, and to analyse the prosecution practices across Member States pertaining to this phenomenon. The findings fed into EU and national strategies addressing the issue.
Within the context of the study, national experts of the EU-28 were required to:
a) Determine the legal definitions of THB for forced labour in EU Member States’ legislation (including legislation transposing Directive 2011/36/EU);
b) Map and categorise the national case law both quantitatively and qualitatively;
c) Analyse how THB for forced labour is prosecuted in the Member States.
This analysis of Member States’ case law on THB for forced labour provided an insight into Member States’ practices in this area and will contribute to the identification of barriers to successful prosecution and best practices. The research and analysis mapped the trends, practice, the police and judicial architecture, and the legal situation in EU Member States in order to clarify some of the issues pertaining to this complex crime.
The ultimate objective of the study was to create clarity, share knowledge but also to increase the number of investigated and prosecuted cases on THB for forced labour. Filling the data gap on THB for forced labour case-law was essential in order to effectively respond to the changing trends of the phenomenon.