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On 12 July 2023, the Commission published its proposal for a revision of the Victims' Rights Directive, the key EU legislation on the protection of the rights of victims of crime. The Commission estimates that 15 % of Europeans fall victim to a crime every year. Despite progress in recent years, victims still lack access to information, support and protection. Secondary victimisation during criminal proceedings is still common and victims' access to compensation is not sufficiently supported. Vulnerable ...

On 19 December 2022, the European Commission put forward a proposal for the targeted revision of Directive 2011/36/EU, which is the main EU instrument to combat trafficking in human beings and protect its victims. Despite progress achieved in fighting this crime, the Commission reports that, on average, 7 000 people per year are victims of human trafficking in the EU and that this figure is most likely only the tip of the iceberg. Moreover, forms of exploitation have evolved over time and have adapted ...

Anti-trafficking in human beings

Briefing 09-06-2023

This IA supports the proposal for a revision of the 2011 Directive on preventing and combating trafficking in human beings and protecting its victims. Overall, it provides a complete and detailed explanation of the problem, of its scope, drivers, and of the need to take EU-level action. It is well-substantiated and relies on the evaluation of the directive conducted in parallel with the IA, stakeholder feedback, comprehensive desk research and recent data from Eurostat. The IA is also transparent ...

The confiscation of criminals' illicit profits is considered an effective tool in the fight against organised crime, identified as a major threat to EU security. However, despite the comprehensive set of EU rules on asset freezing and confiscation, there are still obstacles on the path to recovering criminal assets, as shown by the European Commission's June 2020 evaluation of the 2014 directive on freezing and confiscation of instrumentalities and proceeds of crime and the 2007 Council decision ...

The e-CODEX system is the technological backbone of the digitalisation of EU judicial cooperation in both civil and criminal matters. It comprises a package of software products that allow for secure digital communication between courts, and between citizens and the courts, in particular enabling the secure exchange of judicial documents. The project, launched in 2010 with EU funding, has until now been managed by a consortium of Member States and other organisations, and coordinated by the Ministry ...

This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does ...

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out ...