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Labour Migration in Europe Volume II pp 1–16Cite as

Introduction to the Volume: Rights and Exploitation in the Labour Market

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Abstract

This chapter outlines the major themes that will be dealt with in depth throughout the rest of the volume. It focuses on labour exploitation and trafficking in human beings in the European framework.

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Notes

  1. 1.

    In particular, eradicating trafficking in human beings is included in three different targets—5.2, 8.7, 16.2—thus signifying the need for a comprehensive approach for its eradication.

  2. 2.

    Eurojust, THB Project Team, Prosecuting THB for the Purpose of Labour Exploitation, 2015; Letizia Palumbo, Trafficking and labour exploitation in domestic work and the agricultural sector in Italy, EUI, 2016.

  3. 3.

    European Union Agency for Fundamental Rights (FRA), Severe Labour Exploitation: workers moving within or into the European Union, 2015.

  4. 4.

    Letizia Palumbo, Trafficking and labour exploitation in domestic work and the agricultural sector in Italy, cit.

  5. 5.

    International Organisation for Migration, World Migration Report 2018.

  6. 6.

    FRA, Severe Labour Exploitation: workers moving within or into the European Union, cit.

  7. 7.

    Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals; OJ L 168, 30.6.2009 (Employers’ Sanctions Directive).

  8. 8.

    FRA, Severe Labour Exploitation: workers moving within or into the European Union, cit.

  9. 9.

    Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers, OJ L 94, 28.3.2014 (Seasonal Workers Directive).

  10. 10.

    Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, OJ L 304, 22.11.2011.

  11. 11.

    Severe Labour Exploitation: workers moving within or into the European Union, cit.

  12. 12.

    Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ L 330, 15.11.2014; see Communication from the Commission, Guidelines on non-financial reporting (methodology for reporting non-financial information), OJEU C 215 of 5.7.2017.

  13. 13.

    Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA; OJ L 101, 15.4.2011 (Anti-Trafficking Directive).

  14. 14.

    FRA, Severe Labour Exploitation: workers moving within or into the European Union, cit.; Marco Borraccetti, Human Trafficking, Equality, and Access to Victims’ Rights, L.S. Rossi, F. Casolari (eds.), The Principle of Equality in EU Law, Springer, 2017, https://doi.org/10.1007/978-3-319-66137-7_10.

  15. 15.

    European Commission, Study on case law relating to trafficking in human beings for labour exploitation, 2015.

  16. 16.

    Report from the Commission to the European Parliament and the Council, assessing the impact of existing national law, establishing as a criminal offence the use of services which are the objects of exploitation of trafficking in human beings, on the prevention of trafficking in human beings, in accordance with Art. 23(2) of the directive 2011/36/EU, COM (2016) 719 final of 2.12.2016 (Report on the criminalisation of the use of services) and Report from the Commission to the European Parliament and the Council, Report on the progress made in the fight against trafficking in human beings (2016) as required under Art. 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, COM (2016) 267 final of 19.5.2016.

  17. 17.

    Europol, Situation report. Trafficking in human beings in the EU, 2016; European Commission, Report on the progress made in the fight against trafficking in human beings (2016), COM(2016) 267 of 19.5.2016.

  18. 18.

    Report on the criminalisation of the use of services, cit.

  19. 19.

    Report on the criminalisation of the use of services, cit., p. 3.

  20. 20.

    The ten Member States are Bulgaria, Greece, Croatia Cyprus, Lithuania, Malta, Portugal, Romania, Slovenia and the UK.

  21. 21.

    Austria, Belgium, Czech Republic, Germany, Estonia, Spain, France, Hungary, Italy, Latvia, Luxemburg, the Netherlands, Poland and Slovakia are part of the second group.

  22. 22.

    It is the case of Finland, Ireland and Sweden.

  23. 23.

    It is the case of Sweden.

  24. 24.

    Report on the criminalisation of the use of services, cit., p. 7.

  25. 25.

    Council of Europe, Explanatory Report to the Council of Europe Convention on Action against Trafficking in Human Beings, Council of Europe Treaty Series (CETS) n.197, in particular p. 37.

  26. 26.

    On the complexity of a system imposing criminal liability of legal persons, Silvia Rodriguez-Lopez, Criminal Liability of Legal Persons for Human Trafficking Offences in International and European Law, Journal of Trafficking and Human exploitation, 2017, n. 1.

  27. 27.

    Report on the criminalisation of the use of services, cit., p. 9.

  28. 28.

    See, for example, the Communication from the Commission, The European Agenda on Security, COM(2015) 185 final of 28.4.2015.

  29. 29.

    Report on the criminalisation of the use of services, cit., p. 9.

  30. 30.

    Anti-Trafficking directive, cit., and Report on the criminalisation of the use of services, cit., p. 9.

  31. 31.

    Palumbo, Trafficking and labour exploitation in domestic work and the agricultural sector in Italy, cit.

References

  • Borraccetti, Marco. 2017. Human Trafficking, Equality, and Access to Victims’ Rights. In The Principle of Equality in EU Law, ed. L.S. Rossi and F. Casolari. Springer. https://doi.org/10.1007/978-3-319-66137-7_10.

    Chapter  Google Scholar 

  • Council of Europe, Explanatory Report to the Council of Europe Convention on Action against Trafficking in Human Beings, Council of Europe Treaty Series (CETS), n. 197, 2005.

    Google Scholar 

  • Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 Providing for Minimum Standards on Sanctions and Measures Against Employers of Illegally Staying Third-Country Nationals, OJ L 168, 30.6.2009 (Employers’ Sanctions Directive).

    Google Scholar 

  • Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims, and Replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011 (Anti-Trafficking Directive).

    Google Scholar 

  • Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer Rights, Amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and Repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, OJ L 304, 22.11.2011.

    Google Scholar 

  • Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the Conditions of Entry and Stay of Third-Country Nationals for the Purpose of Employment as Seasonal Workers, OJ L 94, 28.3.2014 (Seasonal Workers Directive).

    Google Scholar 

  • Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 Amending Directive 2013/34/EU as Regards Disclosure of Non-financial and Diversity Information by Certain Large Undertakings and Groups, OJ L 330, 15.11.2014.

    Google Scholar 

  • Eurojust, THB Project Team, Prosecuting THB for the Purpose of Labour Exploitation, 2015.

    Google Scholar 

  • European Commission, Study on Case Law Relating to Trafficking in Human Beings for Labour Exploitation, 2015.

    Google Scholar 

  • European Commission, Communication – The European Agenda on Security, COM(2015) 185 final of 28.4.2015.

    Google Scholar 

  • European Commission, Report on the Progress Made in the Fight Against Trafficking in Human Beings (2016) as Required under Article 20 of Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims, COM (2016) 267 final of 19.5.2016.

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  • European Commission, Report Assessing the Impact of Existing National Law, Establishing as a Criminal Offence the Use of Services Which Are the Objects of Exploitation of Trafficking in Human Beings, on the Prevention of Trafficking in Human Beings, in Accordance with Article 23(2) of the Directive 2011/36/EU, COM (2016) 719 final of 2.12.2016 (Report on the Criminalisation of the Use of Services).

    Google Scholar 

  • European Commission, Communication – Guidelines on Non-financial Reporting (Methodology for Reporting Non-financial Information), OJEU C 215 of 5.7.2017.

    Google Scholar 

  • European Union Agency for Fundamental Rights (FRA), Severe Labour Exploitation: Workers Moving Within or into the European Union, 2015.

    Google Scholar 

  • Europol, Situation Report. Trafficking in Human Beings in the EU, 2016.

    Google Scholar 

  • International Organisation for Migration, World Migration Report 2018.

    Google Scholar 

  • Palumbo, Letizia. 2016. Trafficking and Labour Exploitation in Domestic Work and the Agricultural Sector in Italy. EUI.

    Google Scholar 

  • Rodriguez-Lopez, Silvia. 2017. Criminal Liability of Legal Persons for Human Trafficking Offences in International and European Law. Journal of Trafficking and Human Exploitation 1: 95–114.

    Article  Google Scholar 

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Authors and Affiliations

  1. Department of Political and Social Sciences, Alma Mater Studiorum - University of Bologna, Bologna, Italy

    Marco Borraccetti

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  1. Department of Political and Social Sciences, Alma Mater Studiorum - University of Bologna, Bologna, Italy

    Marco Borraccetti

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Borraccetti, M. (2018). Introduction to the Volume: Rights and Exploitation in the Labour Market. In: Borraccetti, M. (eds) Labour Migration in Europe Volume II. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-319-93979-7_1

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  • DOI: https://doi.org/10.1007/978-3-319-93979-7_1

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