Правни последици от Първата директива на ЕС в областта на наказателното право след Лисабонския договор
Legal Consequences of the First EU Directive in the Field of Criminal Law Following the Lisbon Treaty

Summary/Abstract: The study highlights and analyzes the major legal consequences of the first regulatory instrument of the EU following the Lisbon Treaty in the field of criminal law – 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. The legal consequences of the Directive are examined in two aspects: on the one hand, in respect of the effect of the existing legal regulation and, on the other hand, in respect of outlining what is new in the criminal law standards it regulates. At the same time, for the sake of completeness, the study also focuses on the EU operative regulation on the sexual exploitation of children and child pornography. The legal consequences of the Directive in the first aspect are connected mostly with the fact that its effect does not extend over all Member States. Instead of repealing, it replaces the Council Framework Decision 2002/629/JHA – which precedes it – with respect to those Member States which have taken part in the adoption of the Directive. The legal consequences of the Directive in the second aspect are examined in connection with the particular features of the EU criminal law regulation on the counteraction to trafficking in human beings and the sexual exploitation of women and children. The new standards in the fields of trafficking in human beings are considered mainly in respect of outlining the scope of those deeds which should be treated as crimes; the policy on punishing them; their limitation periods and the requirement according to which the Member States should regard them as crimes of general nature. In conclusion, a recommendation is made according to which the dual regime of counteracting the illicit trafficking in human beings should be overruled as soon as possible, and the future development of the regulation on counteraction to the sexual exploitation of children and child pornography should take place in the form of a Directive which is effective with regard to all Member States and not in the form of enhanced collaboration only.

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