Trafficking in human beings for sexual exploitation : legalised or criminalised in EU. Case study of Romania, Poland, Cyprus and Bulgaria

Abstract

Trafficking in human beings for the purpose of sexual exploitation is one of the priorities in the policy of European Union. The criminalisation of the phenomenon is important because it directly relates to the protection of human rights and the prevention of the involved of greater societal circles. At the European regional level the root causes leading to human trafficking are hidden in the poverty, lack of democracy, corruption among the authorities, gender inequality and violence against women. In 2011, the European Commission adopted the Directive 2011/36/EU on preventing and combating trafficking in human beings, which established new norms on international level. To what extent the implementation of EU legislation is able to fight trafficking of women for purpose of sexual exploitation? In theory, EU legislation for the eradication of the crime of THB for sexual exploitation has a comprehensive and complete character that establishes the assumption for further effectiveness and success. Unfortunately, it is not true, because in the process of implementation and harmonisation into the national level, the domestic authorities translate and interpret law in their own capacity and perception, which contributes for shifting the meaning of the concept. This is one of the main shortcomings of the EU law.