Activities of Patricia CHAGNON related to 2022/0426(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Amendments (9)
Amendment 56 #
Proposal for a directive
Recital 3
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers and consumers of the services offered. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, assistance to and support for victims of trafficking. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
Amendment 59 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and illegal adoption in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. To avoid any abuse, it is necessary that persons are able to provide law enforcement authorities with evidence that they have been victims of trafficking in human beings.
Amendment 63 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and surrogacy in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
Amendment 80 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. Those national points should also be used to check the accuracy of statements regarding a possible victim of trafficking in human beings.
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy” is added at the end of the paragraph.
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
Article 8
(3a) Article 8 is replaced by the following: “Article 8 Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures tso ensure that competent national authorities are entitledhave the right not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activitieunlawful acts which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2. , to accordingly discontinue any proceedings against the victim, terminate any restriction of victims’ rights, annul related penalties and expunge their police and criminal records for acts they commit as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that decisions of the competent national authorities referred to in paragraph 1 are conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial. 3. In the case of children, the principle prohibiting detention, prosecution and application of any penalties for their coerced involvement in illegal activities in one of the acts referred to in Article 2 shall apply. Where appropriate, Member States shall set up a specific court for minors if one does not already exist.” Or. fr (Directive 2011/36/EU)
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 a (new) Directive 2011/36/EU
Article 1 – paragraph 1 a (new) Directive 2011/36/EU
The following Article is inserted: Article 8a (new): Presumed victims shall cooperate with Member States’ law enforcement services to help dismantle criminal networks. When such cooperation takes place, it is necessary to ensure that administrative or criminal proceedings are not initiated against presumed victims. It is therefore necessary to review Directive 2011/36/EU in order to ensure the non-prosecution, non-application of penalties and support to victims is conditional on their cooperation in the criminal investigation, prosecution or trial.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
(4a) Article 11(1) is replaced by the following: “Article 11 Assistance and support for victims of trafficking in human beings 1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive. and then, where appropriate, escort, to their state of origin as a matter of priority, victims who have been brought to the territory of a Member State by force or deception.” Or. fr (Directive 2011/36/EU)
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
Article 11 – paragraph 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims and, once the legal proceedings have ended, to allow them to return to their states of origin as a matter of priority.”