Citation

Tocală D. Caiet. Drept Penal 2013; (3): 114-126.

Copyright

(Copyright © 2013, Universul Juridic)

DOI

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PMID

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Abstract

Adopting Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA draws attention over the link between the directive and the other legal instruments which regulate this complex criminal phenomenon. Firstly we must observe the replacement and completion of the Framework Decision on preventing and combating trafficking in human beings from July 19, 2002, adopted by the EU to intensify judicial cooperation and harmonization of the legal norms of member states on the matter, which represented an instrument that was too vague and incomplete when compared to the scale of the effects produced by these crimes. The relation between the Directive and other international instruments should also be kept in mind (such as the 2000 UN Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organized crime, as well as the 2005 Council of Europe Convention on action against trafficking in human beings). These instruments might be applied where the directive and the law through which it was transposed remain silent. The most important connection, however, is the one between the directive and the internal legal texts through which it was transposed. We are referring to Law no. 678/2001 which was modified multiple times to better correspond to the European provisions. Most importantly, we must see to what degree the New Criminal Code respects the directive, as soon enough we will have to refer to this act. Although in principle the new code seems to cover the European provisions in quite a large degree, we have noticed a small omission of the legislator which, in the future, might serve as the ace up the sleeve of a documented criminal offender.

Keywords: Human trafficking