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Legal Analysis, the fifth strategic activity and priority of the TF-THB, has not yet implemented.
It has been decided by the TF-THB to postpone this activity until the second half of 2011 at the earliest. The activity will be carried out after external funds are sought for its implementation.
How best to approach and analyse the legal framework currently in place in the Member States and which aspect to focus upon has been discussed during a number of the regular meetings of the TF-THB.
During the winter of 2009 three possible options were outlined:
1) To conduct a comprehensive legal analysis.
2) To initiate a specific analysis focusing on one or a few particular aspect(s) of human trafficking. Such an analysis could assess legal provisions in the field of: victim/witness protection during court proceedings; granting of reflection periods and residence permits; levels of penalties for human trafficking and related crimes; possibilities for victims of obtaining compensation; and non criminalization of victims acts on the account that they were trafficked and safe and assisted return of victims to their home countries.
3) To look at how legislation is implemented in practice. Such an analysis could aim to clarify how the courts interpret the legal concept of human trafficking and how it is seen to borderline with other similar and/or related cases.
After further consultation with the delegates the area of focus was narrowed down to the field of prosecution, specifically an assessment of methods for successful prosecution.
The TF-THB Senior Adviser addressed the Member States Prosecutor General Network meeting held in Helsinki in autumn 2010. A joint cooperation with the Prosecutors General of the Baltic Sea States in conducting such a study would not only provide the needed professional input to the study but would also enable a regional response and clarification of these challenges.
The Helsinki meeting was followed shortly after by consultations with EUROJUST in The Hague December 2010 where both the TF-THB Chair and the Senior Adviser were present. Similar conversations were taken there.
The final meeting of the TF-THB for 2010 briefed the delegates on all of these issues and concluded to postpone the activity until funds were successfully sought in 2011 or 2012.
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