PREPARATION GUIDE

BYP 2017

Inhoud
Inhoud ....................................................................................................................................................................... 0
Links to general resources about the European Union ....................................................................................... 3
A brief summary of the EUs history and its goals: ................................................................................................ 3
An introduction to the EUs institutional framework:............................................................................................... 3
About the European Parliament: .............................................................................................................................. 3
An explanation of the way the EU makes decisions (ordinary legislative procedure): ............................................. 3
An overview of all EU treaties: ................................................................................................................................. 4
On the EU budget: .................................................................................................................................................... 4
An overview of the policy areas in which the EU is active: ...................................................................................... 4
Committee on Culture and Education (CULT) .................................................................................................. 5
1. Key Terms ............................................................................................................................................................. 5
2. Relevance and explanation of the problem ........................................................................................................... 5
Further Research ...................................................................................................................................................... 6
3. Key conflicts .......................................................................................................................................................... 6
Further Research ...................................................................................................................................................... 7
4. Key Questions ....................................................................................................................................................... 7
5. Key Actors ............................................................................................................................................................. 7
6. Measures already in place .................................................................................................................................... 8
Committee on Environment, Public Health and Food Safety I (ENVI I)........................................................... 9
1. Key Terms ............................................................................................................................................................. 9
2. Relevance and explanation of the problem ......................................................................................................... 10
3. Key conflicts ........................................................................................................................................................ 10
4. Key Questions ..................................................................................................................................................... 11
5. Key Actors ........................................................................................................................................................... 11
6. Measures already in place .................................................................................................................................. 11
Further Research .................................................................................................................................................... 12
Committee on Environment, Public Health and Food Safety II (ENVI II)....................................................... 13
1. Key Terms ........................................................................................................................................................... 13
Further Research .................................................................................................................................................... 13
2. Relevance and explanation of the problem ......................................................................................................... 14
3. Key conflicts ........................................................................................................................................................ 14
4. Key Questions ..................................................................................................................................................... 14
5. Key Actors ........................................................................................................................................................... 15
6. Measures already in place .................................................................................................................................. 15
Committee on Foreign Affairs (AFET) ............................................................................................................. 16

Definitions and Key Terms ...................................................................................................................................... 16

Relevance of the Topic and Explanation of the Problem ........................................................................................ 16
Stakeholders ............................................................................................................................................................ 17
Main Conflicts ......................................................................................................................................................... 18
Legislative Background & Legal Framework ......................................................................................................... 18
Key Questions ......................................................................................................................................................... 19
Further Research .................................................................................................................................................... 19
Committee on Human Rights (DROI) ............................................................................................................... 21
Definitions and Key Terms ...................................................................................................................................... 21
Relevance of the Topic and Explanation of the Problem ........................................................................................ 21
Main Conflicts ......................................................................................................................................................... 23
Legislative Background & Legal Framework ........................................................................................................... 23
Key Questions ......................................................................................................................................................... 23
Further Research .................................................................................................................................................... 24
Motion for a Resolution by the Committee Civil Liberties, Justice and Home Affairs (LIBE) ........................ 25
Key terms ................................................................................................................................................................ 25
Relevance & Explanation of the Problem ............................................................................................................... 25
Legislative Background & Legal Framework ......................................................................................................... 26
Key Questions ......................................................................................................................................................... 26
Further Research .................................................................................................................................................... 26
Motion for a resolution by the Committee on Culture and Education II (CULT II) ........................................ 28
Definitions and Key Terms ...................................................................................................................................... 28
Relevance of the Topic and Explanation of the Problem ........................................................................................ 28
Stakeholders ............................................................................................................................................................ 29
Main Conflicts ......................................................................................................................................................... 30
Legislative Background & Legal Framework ......................................................................................................... 30
Key Questions ......................................................................................................................................................... 31
Further Research .................................................................................................................................................... 31
Motion for a resolution by the Committee on Womens Rights and Gender Equality (FEMM) ..................... 32
Definitions and Key Terms ...................................................................................................................................... 32
Stakeholders ............................................................................................................................................................ 33
Main Conflicts ......................................................................................................................................................... 34
Legislative Background & Legal Framework ......................................................................................................... 34
Key Questions ......................................................................................................................................................... 35
Further Research .................................................................................................................................................... 35

Links to general resources about the European Union

A brief summary of the EUs history and its goals:
http://europa.eu/about-eu/index_en.htm
http://europa.eu/about-eu/eu-history/

An introduction to the EUs institutional framework:

http://europa.eu/about-eu/institutions-bodies/index_en.htm
http://www.youtube.com/watch?v=Av2sI0dHXpQ
http://ec.europa.eu/atwork/index_en.htm
http://www.european-council.europa.eu/the-institution?lang=en
http://www.europarl.europa.eu/aboutparliament/en/00b3f21266/At-yourservice.html;jsessionid=9811E6D5B86542E7A185D43C05DFFDCD.node1
http://www.consilium.europa.eu/council?lang=en

About the European Parliament:

http://europarltv.europa.eu/en/player.aspx?pid=24dd4d92-1193-4ebc-b5d89f2800a4a40e
http://www.youtube.com/watch?v=OCUF5t1kRlI

An explanation of the way the EU makes decisions (ordinary legislative

procedure):
http://ec.europa.eu/atwork/decision-making/index_en.htm
http://www.europarl.europa.eu/aboutparliament/en/0081f4b3c7/Law-makingprocedures-in-detail.html
http://www.europarl.europa.eu/external/appendix/legislativeprocedure/europarl_ordi
narylegislativeprocedure_howitworks_en.pdf

 http://europarltv.europa.eu/en/player.aspx?pid=2943a9f1-0a1a-4f7c-9fe89f82009fa481

An overview of all EU treaties:

http://europa.eu/eu-law/treaties/index_en.htm

On the EU budget:
http://europa.eu/about-eu/basic-information/money/expenditure/

An overview of the policy areas in which the EU is active:

http://europa.eu/pol/

Committee on Culture and Education (CULT)

The fight for fair play: in the light of the review of the World Anti-Doping Code, how can the EU
best contribute to decreasing the use of doping in both professional and recreational sports?

1. Key Terms

Doping

Doping is the practice of using a drug or blood product to improve athletic performance. Also
called the use of performance-enhancing drugs.

World Anti-Doping Code (The Code)

The Code is a leading document that consists of anti-doping rules. It is used for harmonisation
of existing anti-doping policies of various sport organisations. It is adopted by over 600
international and national sports organisations, including the IOC. The Code is developed by the
World Anti-Doping Agency (WADA). It contains rules in the areas of testing, laboratories, the
Prohibited List, Therapeutic Use Exemptions (TUEs) and the protection of privacy.

Professional sports

Athletes performing professional sports earn a living with their sports activities. This can also be
referred to by elite sport

Recreational sports

Athletes practising recreational sports do not earn anything by sporting but only do this as a
hobby. This can also be referred to as amateur sport.

EU Expert Group on Anti-Doping (XG AD)

Created by the Council of the European Union as a part of the EU Work Plan for Sports 20112014. This Expert Group has the task to prepare the EUs contributions to the revision of the
Code.

2. Relevance and explanation of the problem

The use of foreign substances or artificial means to enhance performance in sports is as old as
competitive sports itself. Over the past years, the use of doping has been increasing due to the
commercialisation of professional sports. The increased use of doping poses a threat to all

sports worldwide, including those in Europe. Doping undermines the principle of open and fair
play and it denies the actual base of sports: the abilities of the athlete, established by talent
and hard work. Moreover, the widespread use of doping puts the athletes under pressure to
risk their personal health for the sake of their competitive performance.
The focus from anti-doping institutions has been mainly on professional sports. But, according
to studies commissioned by the European Commission, the use of doping also occurs regularly
in amateur sports.
2013 gives the world the opportunity to intensify the battle against doping. The World AntiDoping Code (last revised in 2007) is under review. This means that all stakeholders can make
suggestions for improvement of the Code, hereby contributing to a stronger anti-doping
mentality all over the world. Stakeholders to make suggestions are sport organisations, antidoping organisations, governments and, as such, the European Union.

Further Research
On the review of the Code:
The European Commission mission statement on doping:
https://www.wada-ama.org/en/what-we-do/the-code

3. Key conflicts
One of the main reasons the athletes continue using performance-enhancing drugs is because
the number of blood tests remains low. Blood tests, which could catch those taking EPO and
Human Growth Hormone, are insufficiently used, partly due to the high costs. Blood samples
are expensive to transport and transport routes are in most cases very long, since WADAaccredited laboratories often lie far apart.
Another factor which causes the low number of blood tests, is a conflict of interest between
sports teams or organisations and doping authorities. This, for example includes doctors, who
are hired by a sports organisation and fear to lose their jobs if they do not give in to doping
practices.
According to an investigation by the Australian Crime Commission, organised crime gangs
control the supply and distribution of performance-enhancing drugs in Australia. Senior antidoping officials across the world agree that the Australian case is an example of what is
happening elsewhere in the world. This shows that doping does not only involve individual and
amateur practices, but is also dealing with organised criminal structures.

Further Research
Practices in doping and anti-doping agencies:
http://www.guardian.co.uk/sport/2013/feb/15/drugs-growing-threat-sport-society
Role of doctors in doping in sports:
http://www.guardian.co.uk/sport/2013/feb/15/drug-cheat-dilemma
List of performance-enhancing drugs and their effect:
http://www.guardian.co.uk/sport/2013/feb/15/performance-enhancing-substancesblood-boosters\
http://ec.europa.eu/sport/policy/societal_role/doping_en.htm

4. Key Questions
How should governments and sport organisations work together in their fight against
doping?
In what way can anti-doping regulations be used or improved to combat organised
crime gangs that are involved in doping practices?
How should anti-doping regulations deal with the role of sports doctors?
How can the number of blood tests in sports be improved?

5. Key Actors
The World Anti-Doping Agency (WADA) is responsible for the coordination of the fight against
doping. It monitors the correct implementation of the Code by sports organisation and
national anti-doping authorities. Their mission is to create a doping-free environment for
athletes to perform in. Sports doctors are often criticised for their role in doping practices.
Additionally, drug manufactures have come to acknowledge their part in the doping industry as
well. Drugs manufactured by these companies can be used for doping practices. This is for
example the case if the blood-enhancing drug EPO. This drug saved millions of lives of anaemia
patients, but it has also turned into a performance-enhancing drug in sports. Also, organised
crime has started to play an increasingly important role in doping practices, by systematically
providing athletes with performance-enhancing drugs.

The European Union is trying to contribute in the fight against doping as well. The Council of
the European Union has set up the Expert Group on Anti-Doping, which will draft EU
contributions to the revision of the Code.

6. Measures already in place

First of all, policies created against doping vary strongly per country. Since 2007, however,
there is a general convention against doping in sport. This Convention against Doping in Sport
has been set up by UNESCO. It requires all members of UNESCO to take action on specific
elements of the fight against doping.
The UNESCO treaty ensures a certain dedication from governments, while sport organisations
must adopt the World Anti-Doping Code. Sport organisations can become a member of the
Code on a voluntary basis. The Code specifies anti-doping rule violations, which can be, once
committed, followed by specified sanctions for individuals and teams. Committing one of the
eight violations leads to disqualification of the event where the athlete is tested and further
ineligibility. This means that the athlete is prohibited to participate in any events and loses the
right to financial support.
The Code also gives guidelines on testing for prohibited substances. In the Prohibited List of the
Code, all substances that are qualified as performance-enhancing drugs are listed. Tests usually
take place at sport events. On top of that, out-of competition doping controls are executed.
This can be beneficial, as some drugs are only traceable for a short period, while their
performance-enhancing abilities are effective over a longer period of time.

Committee on Environment, Public Health and Food

Safety I (ENVI I)
With natural disasters, such as floods, droughts and storms, occurring regularly in the EU, what
role should the EU play in preventing these disasters and providing aid to the affected areas?

1. Key Terms

Greenhouse effect

A term for certain gases in the atmosphere that act like the glass in a greenhouse, allowing the
suns energy in, but preventing heat from escaping. Some greenhouse gases are naturally
present in the atmosphere. However, human activities are releasing immense additional
amounts of greenhouse gases, such as CO2, into the atmosphere, enhancing the greenhouse
effect and causing global warming.

Deforestation

The clearance of trees or forests. Trees help to regulate the climate by absorbing CO2 from the
atmosphere. When forests are taken down, the immense amount of carbon stored in the trees
is released into the atmosphere as CO2, adding to the greenhouse effect. On top of that, the
destroyed forest can no longer absorb CO2 from the atmosphere. When deforestation occurs,
water will move more quickly from the rainfall area to rivers, causing erosion and stripping the
topsoil. This soil and dirt streaming into the river will become sediment and fill up the rivers
allowing them to be more prone to floods.

Green Paper

Document published by the European Commission to stimulate discussion on a given topic at

the European level. They invite the relevant parties to participate in a consultation process and
debate proposals that have been put forward. Green Papers may give rise to legislative
developments that are then outlined in White Papers.

European Emergency Response Centre (ERC)

A centre set up by all countries that are a member of the Civil Protection Mechanism (all EU
Member States and Iceland, Lichtenstein, Norway and Macedonia) that aims to coordinate and
support action in case of natural disasters, both in and outside the EU. It acts as a
communications hub between participant states, the affected country and dispatched field
experts.

2. Relevance and explanation of the problem

As a result of climate change, the chance of natural disasters occurring in the EU is augmenting.
Natural disasters taking place are often thanks to human activities, such as deforestation,
which stimulates erosion, or gas outlets, which stimulate the greenhouse effect. Thanks to the
greenhouse effect, the earths temperature is increasing and which increases the amount heat
waves, forest fires and droughts that occur globally. Heavier precipitation and flooding is
projected in northern and north-eastern Europe, with an increased risk of coastal flooding and
erosion. A rise in such events is likely to increase the magnitude of disasters, posing a significant
threat to the safety of citizens across Europe.
These disasters do not only create a danger for the wellbeing of citizens, but also create
significant economic losses: the EU is vulnerable to nearly all types of natural disasters. Natural
disasters cause human losses and damages, affecting economic stability and growth. They may
have cross-border effects and can threaten entire areas in neighbouring countries. Even where
costs of major disasters are locally concentrated, if costs are inadequately covered by insurance
then individual Member States may carry large fiscal burdens, which could cause internal and
external imbalances.

3. Key conflicts
Concerning natural disasters, one of the current hot topics is the question of insurance against
natural disasters. According to research by the Commission, many individuals and businesses
underestimate the risk of natural disasters in their area, and, thus, do not insure themselves
sufficiently. One option is to make insurance against natural disasters compulsory. This,
however, is very controversial, and difficult to implement from a European perspective.
Moreover, there are significant differences across the EU when it comes to climate adaptation.
Some Member States see natural disaster policies as a less important point of focus at this time
of crisis, whereas some countries, such as the Netherlands, have been consistently investing in
their ability to deal with and prevent natural disasters.
Additionally, there is the question of subsidiarity. Some measures are best suited to be
managed at household or municipal level, such as the improvement of natural drainage to
prevent pluvial flooding or suitable care and housing for elderly people that can buffer the
effects of heat waves. While the European Emergency Response Centre serves as a good
platform for the coordination of response to disasters, the European Parliament, Council and
Member States all call for more action at community level to prevent disasters.

4. Key Questions
What can the EU do to ensure that its citizens and businesses are better insured against
natural disasters?
How can the EU make sure that adaptation strategies are implemented on a local level?
What can the EU do to make citizens more aware of the consequences of climate
change?
How can the EU encourage Member States to do more about adaptation to climate
change despite in times of crisis?

5. Key Actors
When it comes to this topic, the main actors are the citizens: they are the ones in danger of
natural disasters and the ones affected by them, but they also play an important role in
adapting to the consequences of climate change. Citizens have the ability to take measures on a
local level.
At the same time, the European Commission is an important player in this problem. The
Commission is responsible for proposing new measures and strategies. Member states are
crucial to the execution of these policies on a national level. Member states are responsible for
national polices on insurance, which is a key aspect of the problem. They are also the ones that
have to cooperate with local governments, such as municipalities, to implement policies on a
local level.

6. Measures already in place

The EU has opened the European Commissions Emergency Response Centre in April 2013.
This centre allows better coordinated, faster and more efficient response to natural and manmade disasters in Europe and beyond. The European Commission has come up with a new
adaptation strategy1 last April to prevent and tackle these natural disasters. The strategy is
focusing on the responsibility of the Member States and their adaptation to climate change, on
a stronger and better infrastructure concerning natural disasters in the EU, and on the
spreading of knowledge regarding natural disasters through citizens. Examples of adaptation
measures include: using scarce water resources more efficiently; adapting building codes to
1

http://ec.europa.eu/clima/events/0069/index_en.htm

future climate conditions and extreme weather events; building flood defences and raising the
levels of dykes; developing drought-tolerant crops; choosing tree species and forestry practices
less vulnerable to storms and fires; and setting aside land corridors to help species migrate.
In a related measure, the Commission adopted a Green Paper on insurance in the context of
natural and man-made disasters. This public consultation launches a wide debate on the
adequacy and availability of existing insurance options. The Commission is now waiting for
annotations of all stakeholders, including the public. With this commentary the Commission
shall install new legislation and non-legislative measures. 2 3

Further Research
Information
about
the
Commissions
new
http://europa.eu/rapid/press-release_IP-13-329_en.htm

adaptation

Some of the key points of the current policies:

http://ec.europa.eu/clima/news/articles/news_2013041601_en.htm

http://ec.europa.eu/dgs/jrc/index.cfm?id=1410&dt_code=NWS&obj_id=16630&ori=RSS
http://ec.europa.eu/ture/analysis/external/insurance/definitions_en.pdf (page 34-40)

strategy:

Committee on Environment, Public Health and Food

Safety II (ENVI II)
A potential boost or threat? In the light of increasing technological possibilities, what stance
should the EU take when it comes to genetically modified (GM) food, bearing in mind public
concerns about their possible effects?

1. Key Terms

Genetically Modified Organism (GMO)

EU legislation officially defines GMOs as organisms in which the DNA has been altered in
manners that do not occur naturally. These alterations result in capabilities the organism did
not have before the modification, for instance the capability of plant to withstand a high range
of temperatures.

Food safety

Food is safe when it, if prepared correctly, does not pose a threat to the human body.

Biotechnology

Biotechnology is the collection of techniques that enhance and improve biological product.
Examples of biotechnology are DNA typing, genetic modification and cloning.

Agricultural productivity

Agricultural productivity is the measured ratio between agricultural input and output. This
depends on the efficiency with which the agricultural sector uses resources such as land and
water, as well as the yield of the production.

Food security

Having the access to food whenever a human needs or wants it.

Further Research
Information about GMOs from the European Food Safety Authority (EFSA):
http://www.efsa.europa.eu/en/topics/topic/gmo.htm

2. Relevance and explanation of the problem

The worlds population is set to grow considerably over the coming years, albeit at a slower
rate than in the past, and with considerable differences across regions. Over the next four
decades, the worlds population is forecast to increase by 2 billion people to exceed 9 billion
people by 2050. Recent FAO estimates indicate that to meet the projected demand, global
agricultural production will have to increase by 60 percent from its 20052007 levels from the
Food and Agriculture Organization of the United Nations (FAO) 2013 World Yearbook.
Adding to the growing world population, the alarming rate at which humans are exploiting the
resources the earth has to offer is another element that has to be considered. The competition
between more economically developed countries over securing food supplies for their
respective population is damaging the international food market. Farmers are unable to keep
up with demand and the growth of agricultural productivity is slowing.
Looking at the current situation, GMOs could be of large benefit to food safety and food
security. However, there is wide public concern about the potential hazards of genetic
modifications.

3. Key conflicts
The conflicts surrounding the cultivation and consumption of GM crops can be divided into
three categories: economic concerns, environmental concerns and concerns about public
safety.
It is accepted that GM crops could provide a large boost to agricultural production. They are
better able to withstand pests, drought and diseases. This is beneficial to the yields of European
farmers and consumers alike since it will decrease production costs. However, the corporations
controlling the industry are likely to use intellectual property rights to create unfair
competition. Moreover, only large commercial farmers are likely to benefit from the surge in
GM crops. The EU believes this could have negative consequences for smaller and nonindustrialised farms in less economically developed areas.
GM crops and GMOs are often promoted as to provide the world with food security in the
future. The already wildly used GMOs that are insect resistant have resulted in less use of
harmful insecticide. On the other hand, the long-term effects of GM crops on human health
and the environment are unknown.

4. Key Questions
Bearing in mind the little scientific knowledge about long-term effects of GMOs, should
the EU make policies on GMOs less stringent?

 With regard to the international position of the EU, should it change or maintain its
current policy?
To which extend should the EU seek to control the GMO market, which has proved to be
vulnerable to monopolies?

5. Key Actors
As representatives of the European population, the European Parliament is mainly struggling
with the currently sceptic European population. Less than a quarter of all Europeans believe
that GM food is safe for future generations4.
All new GM product are considered as new food types and are assessed by the European Food
Safety Authority, which very critically assesses new products and advices the European
Commission. The Commission can decide whether or not to allow this particular product. Any
new legislation on GMOs submitted by the Commission will have to be approved by both the
European Parliament and the Council of the European Union.
Biotechnological companies spend immense amounts of money on developing new GM
products. The average new product costs 13 years and 136 million dollars to develop. Due to
strict regulations, these companies have not yet targeted the EU market. Small farmers,
however, would be unable to keep up with these large investments and would therefore
struggle to remain competitive.

6. Measures already in place

The current EU policy concerning GM crops dates back to 2003. An extensive evaluation carried
out in 2009-2011 concluded regulations from 2003 were still up-to-date. It also concluded that,
although the legislation was not used as intended by legislators, the public did receive the
intended benefits.
In current legislation, companies can file requests for cultivation of specific GM crops to the
EFSA, which assesses these requests and sends them on to the EC. The EC can approve the
proposal on a European level and this specific crop is then allowed in all member states.
However, individual Member States can impose stricter rules on certain products. This has led
to numerous clashes between Member States and individual companies or the EC, claiming
their ban is unjustified.

http://ec.europa.eu/public_opinion/archives/ebs/ebs_341_en.pdf

Committee on Foreign Affairs (AFET)

With an endless stream of refugees seeking asylum in the European Union and with the largest part
of the refugees concentrated in the southern Member States, how can the EU ensure a fair and
durable distribution of refugees amongst all EU Member States?

Definitions and Key Terms

Refugee: someone that has left his country of origin and is unable to return due to the
possibility of being persecuted for ones own political opinion, religion, nationality, race or
membership of a particular social group.

Asylum seeker: a person who has come to another country and asks for protection, but has
not yet been granted the refugee status under relevant international and national
apparatuses.

Refugee law: the legal framework set up to protect those applying and being recognised as
refugees. It includes a set of rules, for example the principle of non-refoulement. This
principle forbids the rendering of a victim of persecution to the persecutor.

Resettlement: means the transfer of individual displaced persons in clear need of

international protection, on submission of the United Nations High Commissioner for
Refugees and in agreement with the country of resettlement, from a third country to a
Member State, where they will be admitted and granted the right to stay and any other
rights comparable to those granted to a beneficiary of international protection.

Relocation: the transfer of individual asylum seekers to another country within the European
Union to ease the burden of countries as Italy and Greece.

Relevance of the Topic and Explanation of the Problem

The United Nations High Commissions for Refugees reported that today worldwide refugee numbers
have never been as high since World War II. The core relevance of the problem lies in that
neighbouring countries are incapable of handling the large streams of people coming.
The EU in general supports the rights of refugees, but at the same time struggles enormously with
finding a right method for handling the situation. The Lampedusa disaster of October 2013 was
covered extensively in the media and had already set migration on the EU agenda. This years victim
rates are as high as ever and a boat disaster in April 2015 resulted in more death than previous
accidents. At least 23,000 people are estimated to have lost their lives trying to reach Europe since
2001.

The irregular migration flows and in particular migration by sea, primarily along the Central and
Eastern Mediterranean routes, has according to the European Commission (DG Migration and Home
Affairs) increased exponentially over the past year. Over 220,000 migrants reached the EU through
this route in 2014, representing an increase of 310 percent compared to 2013 (Frontex, 2015). The
number of asylum applicants varies considerably between EU Member States.
The total number of persons seeking asylum in nine Member States accounted for 90 percent of the
EU-28 total in 2014 . Next to this the number of asylum applicants in 2014 more than doubled
compared with 2013 in for example Italy while other countries experience an enormous decrease.

Stakeholders

Asylum seekers come from an unsafe environment, having travelled extensively to reach a
safe haven. Inside the EU asylum seekers face difficult times, waiting for their application and
later on, either recommencing their lives or being sent back to their home country. Although
their interest is clear, their power or influence in getting to stay is almost non-existent.

It is the Member States that dictate the number of accepted applications. They are
committed to increasing cooperation on cross-border issues, such as asylum, migration,
border control, organised crime and terrorism. But Member States also consider
consequences for the welfare of their country. The uneven distribution due to current
legislation and EU agreements, results in some countries being unable to properly process
requests. Meanwhile the 1951 UN Convention laid down rights and put countries under
international obligation to take in refugees and grant them certain rights.

The European Council on refugees and exiles is the biggest organization in Europe that helps
to protect the rights of asylum seekers. 82 NGOs work together in the fields of research,
advocacy and knowledge. Next to this council, EUROPOL , FRONTEX, EASO and EUROJUST
are the most noteworthy organisations related to the topic.

Frontex, the European Agency for the Management of Operational Cooperation at the
External Borders, facilitates and improves the application of existing and future EU measures
relating to the management of external borders. The agency helps border authorities from
different EU countries work together. In pursuit of this goal, Frontex has several operational
areas which are defined in the founding Frontex Regulation and a subsequent amendment.

EASO is an EU agency that helps develop the Common European Asylum System. Established
to enhancing practical cooperation on asylum matters and helping Member States fulfil their
European and international obligations to give protection to people in need. EASO acts as a
centre of expertise on asylum. It also provides support to Member States whose asylum and
reception systems are under particular pressure.

Anti-immigration parties have had increasing results in national elections. A general fear has
developed amongst parts of civil society, people are afraid of the effects of taking in so many
refugees. They protest against this and are usually great eurocritics. Against unifying states

and legislation, their democratic voice is growing quickly harvesting its political consequences
for refugees.
Opinions are torn; other parts of civil society are pro-asylum, help refugees and do voluntary work to
better integrate asylum seekers and immigrants.

Main Conflicts
The current asylum policy of the EU is arguably considered unsuitable to cope with the current
political and social unrest. Criticism is directed towards its incapability to tackle the problems that go
along with the quantity of asylum requests and because of its legal defects, political disagreements
and economic inefficiencies
Thus far the Dublin Regulation7 establishes the Member State responsible for the examination of the
asylum application. The country the refugee sets foot on has to receive the asylum request and
permit him or her to stay. This rule causes disparity between the Member States. Especially
Southern-Europe states are affected, whereas other states share little of the liability.
Consequently, there is a major conflict with respect to the future of the asylum policy. So far the
Member States do not agree on a concept and the question whether there should be a joint
responsibility and solidarity with Italy and Greece in order to relocate refugees from the two
countries with the highest numbers to other Member States. These states have not decided in what
way and by what means refugees are to be distributed across the EU. Asylum centres struggle,
inefficient handling and failing bureaucracy are worsening the situation.

Legislative Background & Legal Framework

The Dublin III8 regulation is a key criteria for the distribution of refugees. It essentially legally binds
the state where a refugee first enters the EU to take responsibility.
The Dublin regulation falls under the main framework of legislation, the Common European Asylum
System (CEAS) . This system handles everything related to refugee law. The Asylum Procedure
Directive is another example of a directive or regulation. It establishes common standards of
safeguards and promises a fair and efficient asylum procedure.
The CEAS also helped set up a special fund, the European Refuge fund. Its purpose is to support
Member States to welcome asylum seekers and provide access to procedures that are fair, effective
and consistent.
The abovementioned is made possible since the Treaty of Lisbon came into force. In the Treaty of
Lisbon asylum was turned into a common EU policy . It clarified that the competences in the field of
migration policy is a shared competence. There are little things a country can decide for itself, e.g.
the quantity of migrants admitted and final decisions on applications. In the summer of 2015 the
Member States divided their intentioned number of refugees. Instead of splitting 40,000 refugees
from Greece and Italy, the EU negotiations only reached to bring 30,000 to other states. The

Committee on Foreign Affairs, hence, is called on to find feasible solutions whilst, amongst others,
taking the current political, economic and social field of play into account.

Key Questions

How can the EU help its southern states more effectively with respect to the amount of
refugees entering European borders whilst taking?

Should there be a limited and temporary derogation from certain provisions of the Dublin
Regulation, in particular as regards the criterion for determining the Member State
responsible for examining an asylum application.

Should there be a relocation scheme for refugees from Italy and Greece to other Member
States?

Does the EU need a quota system for relocation of refugees?

Which nationalities should fall under a relocation scheme and what could be the right
indicator?

Should the UK, Ireland and Denmark be obliged to share responsibilities even if they have an
opt-out (or do not opt-in) Future Migration Policy:

How can the EU increase the lack of mutual trust between Member States, notably as a result
of the fragmentation of the asylum system?

What are important steps to a coherent common EU asylum seeker system?

To what extend can legal migration help to improve the current situation?

Further Research
United Nations Definition Refugees:
http://www.un.org/en/events/refugeeday/background.shtml
United Nations strategy against discrimination:
https://www.humanrightsfirst.org/wp-content/uploads/pdf/UNHCR_Blueprint.pdf
European Commission:
http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agendamigration/backgroundinformation/docs/communication_on_the_european_agenda_on_migration_en.pdf
Council of the Europan Union, Home Affairs:
http://www.consilium.europa.eu/en/policies/migratory-pressures

EU asylum policy: EU country responsible for examining applications, EUR-Lex, 2015:

http://eur-lex.europa.eu/legalcontent/EN/TXT/HTML/?uri=URISERV:23010503_1&qid=1435415499353&from=EN
Asylum statistics, Eurostat, 2015:
http://ec.europa.eu/eurostat/statistics-explained/index.php/Asylum_statistics
Tradable Refugee-admission Quotas and EU Asylum Policy, Oxford Journals, 2014:
http://cesifo.oxfordjournals.org/content/early/2014/12/14/cesifo.ifu037.short
http://www.jcer.net/index.php/jcer/article/viewFile/512/400

Committee on Human Rights (DROI)

With European industry taking advantage of cheap labour and less regulated markets in
the developing world and with human rights being violated in the factories that European
companies employ, how can the EU improve labourers working conditions and ensure that
products are developed safely, ethically, and sustainably?

Definitions and Key Terms

Irregulated markets: supply and demand forces that are less controlled by government
bodies. The government normally makes sure market participants comply with environmental
standards, product-safety specification and a standard of working conditions.

Child labour: work that children should not be doing because they are too young or the work
is unsuitable for them. Whether it is unsuitable depends on the type, safety, hours of work and
the conditions under which it is performed.

Sweatshop: workplace that has unacceptable working conditions and violates two or more
labour laws. These laws concern wages, working hours, working conditions, safety, child labour
and disciplinary methods implemented.

Relevance of the Topic and Explanation of the Problem

Most consumers pay little attention to the products provenance when buying a t-shirt or jeans
although nowadays a lot of the products that we purchase are made in the developing world where
human rights are merely or not maintained because of their less regulated markets. The garment
industry is one of few that is sensitive for this phenomenon and European firms often use
sweatshops located outside of the EU, because violating labour laws is prohibited in the EU. In the
EU, citizen are protected by fundamental and human right laws that for instance contain laws about
safety and labour standards to ensure human health and safety, prohibit child labour and provide
workers with a minimum wage. However, a lot of produced goods we buy in the EU are produced in
a country where human rights are not maintained which allows companies to produce in the
cheapest possible way and exploit its workers. Companies profits increase this way but the workers
can barely afford daily expenses such as shelter, healthcare and their nutritional need5. This creates a
double standard for the EU and its citizens: The EU protects its citizens and does not allow companies
to exploit them, but European companies and consumers do benefit from the cheap prices the goods
go by, even though they are aware of the fact that these were produced in sweatshops. Due to the
significant number of interested multinationals, countries lower their minimum wage standards in

Institute for global labour and human rights, Inside a Chinese sweatshop: A life of Fines and
Beating: http://www.globallabourrights.org/press/inside-a-chinese-sweatshop-a-life-of-fines-andbeating

order to attract foreign direct investments as higher wages will limit its economic growth6. This
results in declining living standards for the workers as their interest is not protected and the
minimum wages are being reduced. On account of multiple trade associations it would be
undesirable and very difficult to boycott all countries in which sweatshops are located. Moreover, a
conflict that may arise is whether such a shift can cause a recession in our economy. Another reason
not to boycott the sweatshops is that to most of the workers concerned, the sweatshops are the best
option for an income available and without it they would most likely turn to crime or prostitution
instead, out of despair7. In conclusion: one may argue that relatively poorly paid jobs may be better
than no jobs at all8. Whether this is actually the case is subject for discussion. This, however, does
not mean that the working conditions are acceptable or justified in any way. The Committee on
Human Rights is, hence, called to find feasible and realistic solutions to a problem that deals with
divergent interests and multiple dimensions.
National Governments create the legal framework concerning labour laws and sweatshops. They also
decide the minimum wage which is most profitable when it is low as it makes the country attractive
to foreign direct investments.
Employers in sweatshops are exploiting workers and benefit the most when they produce in the
cheapest possible way hence violate labour laws and human rights. They are able to produce in this
way as a result of the less regulated market in their country.
European firms enable sweatshops to exist since they make them profitable. The firms benefit from
the cheap products that would be more expensive to produce in their home countries as they are
controlled by governments that value human rights and have a higher minimum wage.
Simultaneously, the firms assure the workers of being employed and having an income at all.
European consumers are the demand that feeds the sweatshop industry for they want to benefit
from cheap prices which makes them the firms main incentive to make cheap products. A
responsible and aware consumer could have a substantial influence on the industry and therefore
sweatshops. The European consumers have certain values concerning living standards and working
conditions that do not correspond with the conditions the products they buy were made in.

Workers in the developing world are dependent on and exploited by all of the above. Still
they are the industrys empowerment and could therefore change it.

The European Commission has certain values concerning living standards and working
conditions and has the responsibility to represent the values of EU citizen by expressing them in
EU law.

Academia, Arguments for and against Sweatshops:

http://www.academia.edu/8054972/Arguments_ for_and_against_Sweatshops
7
New York Times, Reckonings; Hearts and Heads:
http://www.nytimes.com/2001/04/22/opinion/reckonings-hearts-and-heads.html
8
Learn Liberty, Top 3 ways sweatshops help the poor escape poverty:
http://www.learnliberty.org/videos/top-3-ways-sweatshops-help-poor-escape-poverty/

Main Conflicts
European consumers, European firms and thereby the European economy benefit from the many
cheap products produced in sweatshops in the developing world which are enabled by the
exploitation of workers in the developing world by employers of sweatshops. National
governments of the concerning country make the working conditions worse by lowering the
minimum wage as a tool to attract foreign direct investments.
However, this creates a double standard for the EU and its citizen: the EU protects its citizen and
does not allow companies to exploit them as they have certain values and maintain human rights,
but we do benefit from the cheap prices the goods go by even though we know that they were
produced in sweatshops. Due to the significant number of interested multinationals, countries lower
their minimum wage standards in order to attract foreign direct investments as higher wages will
limit its economic growth9. This results in declining living standards for the workers as their interest is
not protected and reduced minimum wages.
Due to issues concerning trade agreements and the fact that a low income is better than no income
at all, boycotting all countries with sweatshops seems to be an unsatisfactory solution. Multiple
cases in history have shown that boycotting sweatshops results in all employees losing their jobs and
many of them turning to crime or prostitution. However, it is not impossible this will be a long-term
solution as a country would have to change its policy, but in the short term this could potentially to
turn out to be detrimental.
Legislative Background & Legal Framework
In the EU sweatshops are prohibited and prevented by controlling markets and
EU law. However, importing from sweatshops from foreign countries is legal due to free trade
agreements. The obligation to create legal framework that protects foreign workers and eliminates
the double standard is not yet expressed by an official proposal of the European Commission.

Key Questions

Would the total abolishment of sweatshops improve the lives of workers in the developing
world and would this even be possible?

Can we allow people in the developing world to pay for our bargains by being exploited?10

If not, how can we improve the living standards of the workers in sweatshops and thereby
eliminate he double standard without abolishing thousands of jobs.

Academia, Arguments for and against Sweatshops:

http://www.academia.edu/8054972/Arguments_ for_and_against_Sweatshops
10

International labor rights forum, Bargains Galore! But Who Pays the Price? http://www.laborrights.
org/in-the-news/bargains-galore-who-pays-price

Further Research
http://www.businessinsider.com/banning-child-labor-worse-for-children-201311?IR=T http://myweb.lmu.edu/ahealy/474_psets/articles/article3_childlabor.pdf
http://www.un.org/en/events/childlabourday/background.shtml
http://www.indianet.nl/pdf/RockBottom.pdf

Motion for a Resolution by the Committee Civil

Liberties, Justice and Home Affairs (LIBE)
With the rise in popularity of extreme right parties in several Member States, how should the
EU respond to these parties whilst continuing to promote freedom of speech and democracy?

Key terms

Xenophobia: Intense or irrational dislike or fear of people from other countries.

Radicalisation: the act or process of making (a person, belief demands, etc) more radical or
favouring of extreme or fundamental changes in political, economic, or social conditions,
institutions, habits of mind.

Far right politics: the more extreme supporters or advocates of social, political, or economic
conservatism or reaction, based generally on a belief that things are better left unchanged.

Euroscepticism: the body of criticism of the European Union, and opposition to the process
of political European integration, existing throughout the political spectrum.

Multiculturalism: the preservation of different cultures or cultural identities with a unified

society, as a state or nation.

Relevance & Explanation of the Problem

The European Parliament (EP) elections in 2014 saw an increase in elected MEPs from far right
parties. The Italian Lega Nord, the Austrian FP, the French FN, the Dutch PVV and the Belgian VB
will have a new far right euro sceptic fraction in the
EP. In three Member States, namely Denmark, France and the United Kingdom, far right groups
became the biggest representatives of their countries in the EP. Some believe that this shows that far
right parties can no longer be ignored. These far right parties often come with xenophobic principles,
which can result in discrimination, violence and radicalism. Xenophobia threatens the core of our
European society, going against the EUs motto of United in Diversity. With an increase in euro
scepticism in recent years, these far right parties have been gaining popularity in the polls.
The EU and all its Member States are founded on democracy and promote human rights which
include freedom of speech. The EU must maintain these democratic values whilst simultaneously
tackling those parties which have the potential to threaten other values which the EU has always
promoted. Key Conflicts
The economic crisis of 2008 has often been named as one of the important reasons for the rise of far
right parties. However, following the recent EP elections, those countries with high numbers of far

right MEPs arguably endured the crisis relatively well. For example, Denmark and Austria have some
of the lowest unemployment rates of Europe but still far right parties have gained a lot of support .
Migration has a positive impact on the cultural richness of a country and its economic growth in the
long term. Some disagree with this, and believe in a more traditional and restricted perception of
European identity. They blame immigrants for the failure of our social security systems, for the rapid
population growth and accuse them of exploiting welfare programs. Far right parties are legitimate
political groups. Their socio-economic or climate policies, for example, deserve to be heard. What
should not be tolerated is the spreading of hatred and the spurring of discrimination. The EU and
Member States must find a way of balancing such divergent views, whilst maintaining pluralism,
democracy and core EU values.

Legislative Background & Legal Framework

Human rights have been enshrined in several pieces of legislation. The EU Charter of Fundamental
Rights, made binding under the Lisbon Treaty, states the rights EU citizens can expect. In addition,
Articles 9 and 10 of the Treaty of the Functioning of the European Union (TFEU) state that every
citizen has fundamental rights and should be equal to its fellow citizens.
The key piece of EU legislation for combating discrimination on the grounds of racial or ethnic origin
and for giving effect to the principle of equal treatment is the Racial Equality Directive, adopted in
2000. To accompany it there is the Employment Equality Framework Directive, a major part of EU
labour law which aims to combat discrimination on any ground in the workplace.
Beyond the EU, there is the European Convention on Human Rights, under the Council of Europe,
which protects human rights where the EU Charter cannot.

Key Questions

Why are far right parties becoming more popular across the EU? Is it solely because of
immigration laws?

How can the EU tackle xenophobia? Should it be accepted as a legitimate political opinion
following the results of the 2014 EP elections?

Is there a link between the current economic climate and the rise of far right parties?

How can we safeguard the democratic values of the EU, like freedom of speech, whilst
simultaneously making a stand against ideas which undermine those values?

Further Research
Paper on how to counter far-right extremism

http://www.strategicdialogue.org/wp-content/uploads/2016/07/Impact-of-Brexit.pdfSummary of EU
legislation on Immigration, Integration and Employment
http://europa.eu/legislation_summaries/other/c10611_en.htm

Motion for a resolution by the Committee on Culture

and Education II (CULT II)
Copyright in the Knowledge Economy: With the most recent legislation on intellectual
property rights dating back to 2001 and the digitalization of society confusing stakeholders
as regards the origin and authenticity of goods and services, how can the EU review and
modernize its copyright laws, whilst keeping in mind the interests of stakeholders?

Definitions and Key Terms

Intellectual Property (IP): Intellectual Property is virtually any product, work, or process that
one has created that gives one a competitive advantage. There are three subcategories
within IP:
o Industrial property, such as inventions or industrial designs;
o Artistic work, for instance original literary works, music, and multimedia;
o Commercial strategies, such as trade secrets.

Intellectual Property Rights: Protection of IP laid down by the World Intellectual Property
Organisation (WIPO), consists of three different subcategories:
o Patents allow the owner of the IP to prohibit third parties from using, making or
selling the IP.
o Trademarks protect the name of a product by preventing other businesses from
selling a product under the same name.
o Copyright informs others that the owner of the IP intends to control the production,
distribution, display or performance of the IP. Copyright is granted automatically,
with no need for formal registration.

Counterfeiting: Counterfeiting is the practice of manufacturing goods, often of inferior

quality, and selling them under a brand name without the brand owners authorisation.

Piracy: Piracy is the unauthorised copying of an item under protection of Intellectual Property
regulations.

Relevance of the Topic and Explanation of the Problem

Intellectual Property Rights (IPR) are established to protect an owner or creator of intellectual
property. However, since the rise of the internet, illegal distribution of property such as music or
films on the internet has increased exponentially and revenues of CDs and DVDs have dropped. The
legislation regarding Intellectual Property is based on outdated information, damaging competition
on the internal market. This forms an obstacle for a growing economy and creating jobs.

An example of this can be found in the pharmaceutical sector, where innovation in medicine
stimulates competing companies to further enhance and develop their products. Without patents
and ownership of intellectual property, there would be less innovation due to the fact that new
models and practices could be copied from competing companies. This is not limited to the
pharmaceutical sector, but extends to other industries as well. Competing through innovation
stimulates the production and development of even better products and services, ultimately
contributing to a stable and growing economic environment.
Given illegal distribution is relatively easy with intellectual property such as music and pictures,
artists often find themselves in a difficult position. This situation deprives many of the motivation to
pursue a career in an already highly competitive sector. Additionally, they often lack a reasonable
income due to the illegal distribution of their work, which prevents them from fully engaging with
their work and make a decent living, thus shifting their efforts elsewhere. This is a rather concrete
example, but it is not only the music industry that need intellectual property rights for its workers.
The EU should therefore strive to provide companies and workers in different industries with up-todate Intellectual Property protection and ensure these laws are upheld.

Stakeholders

The European Commission submits legislative proposals. Every Member State appoints one
member of the European Commission. The European Commission holds the right of initiative
and it is therefore up to them to draft proposal on the protection of Intellectual Property.

The World Intellectual Property Organisation (WIPO) is a self-funding agency of the United
Nations, established in 1967. It is a global forum of member states for Intellectual Property
where they discuss services, policies, information, and cooperation. The EU is part of this
forum and strives to keep IPRs up to date in order to stimulate innovation and competition
between companies. However, as mentioned earlier, the latest EU legislation on Intellectual
Property dates back to 2001. It is therefore high time for the European Commission to submit
proposal for legislation to the European Parliament to modernise copyright law. A proposed
way of doing so by the Swedish Pirate Party is for copyright laws to include commercial
intellectual property only, so if the IP was made to make money, copyright should apply. This
approach has gained vast support in other Member States.

Consumers of goods and services protected by IPR play a key part in this picture too. There is
a shrinking supply of goods and services due to copying if IPRs are not regularly updated.
Additionally, consumers want their privacy protected too; photos put on social media are not
commercial IP, but this does not mean they intend for others to use their pictures.

For producers of goods and services it is crucial that their intellectual property is protected
by law. This allows them to develop and produce their products without the fear of
counterfeiting and the illegal distribution of their products and thereby strengthening their
position on the market. They are therefore in support of stricter rules when it comes to
commercial intellectual property.

Main Conflicts
Intellectual Property is mostly protected under national rather than EU laws, which makes defending
them in each individual EU country complicated. For instance, when requesting a patent on European
level, it often still has to be validated by all the Member States. This means that the national laws
surpass EU legislation in their influence. Furthermore, there are other more practical concerns as
well, such as the obligation to provide translations for patent requests in other countries or the
payment of fees. Furthermore, owners of intellectual property often clash with the users, who desire
the liberalisation of and access to knowledge. Considering the national mismatches in IPR, it becomes
a rather complicated task to defend ones intellectual property in several countries.
There is also a huge increase in the number of IP owners. The production and development of
products is no longer limited to large companies but extends to individuals as well. Where on the one
hand this may be beneficial for competition on the internal market, it also creates a complex
situation with many stakeholders.

Legislative Background & Legal Framework

The most recent legislation on the protection of intellectual property is the Council Directive on the
harmonisation of certain aspects of copyright and related rights in the information society, in 2001. It
updated authors rights and copyrights related to IPs after regarding the duration of protection under
law. It also expanded the definition of author to include directors of cinematic pieces as well as
photographers, granting them the same rights as conventional authors. The 2001 Directive does
leave most of the authority to the Member States; not only implementation, but also the
organisation of IPRs and the limitations on and exceptions to the above mentioned rights.
Besides this Directive, the EU discussed the ACTA, the Anti-Counterfeiting Trade Agreement. It is an
international treaty regarding counterfeiting, piracy, and Intellectual Property Rights, dating back to
2012. It was rejected by the European Parliament for being too vague and easily misinterpreted.
Critics also claimed that the ACTA constituted a violation of citizens privacy and that its organisation
and implementation were undemocratic.
Before the 2001 Directive and the ACTA proprosal, the legislation in place was the Paris Convention
and the revisions it has gone through since its implementation in 1884, the latest revision being in
1967. This Paris Convention came to be because authors all over Europe were having difficulties
defending their products in different parts of the world, due to diversity in national laws. This led to
the Paris Convention, creating an international union for the protection of industrial property, signed
by eleven countries, again not limited to the EU.
This so-called Act of the Paris Convention consisted of four main categories, two of which are
particularly relevant today:

The right to national treatment, so the right for any individual coming from the signatory
countries to be treated as though they were a national in any of the other countries when it
comes to the protection to intellectual property;

The right of priority, meaning that an individual that has applied for protection of IP in
multiple countries at different times within a certain time span, is granted the protection
from the time the first request was filed. The later applications thus enjoy a priority status in
the other countries.

These acts, however, were not limited to EU member states; they were global acts and treaties.
Therefore, besides the 2001 Directive and the possibility of the ACTA, much is left to be done to
protect IP on a European level.

Key Questions

Does the solution lay in liberalisation of the information market, such as expansion of free
online libraries, or in harsher sanctions and stricter rules concerning Intellectual Property?

What should the EU do to make sure the legislation is being kept up to date?

What will change if IPRs are organised and implemented on EU-level?

Are IPRs part of a legislation that is better left to the individual member states?

The definition of regularly revised as the WIPO has stated it, is approximately every
twenty years. In the light of digitalisation and out-dated legislation, should the definition of
regular revision itself be revised? And if so, which factors should be taken into account?

Further Research
o Home page of the World Intellectual Property Organisation.
http://www.wipo.int/portal/en/
o Summary of recent reports on copyright in the Information Society.
http://ec.europa.eu/internal_market/copyright/copyright-infso/index_en.htm
o Video by the European Parliament on copyright.
https://www.youtube.com/watch?v=WCD45_2Mv1E
o Summary by World Intellectual Property Organisation about about international treaties and
conventions on IP
http://www.wipo.int/export/sites/www/about-ip/en/iprm/pdf/ch5.pdf

Motion for a resolution by the Committee on

Womens Rights and Gender Equality (FEMM)
With 79% of human trafficking in Europe taking place for the purpose of sex trade and
existing measures being regarded insufficient, how can Member States review their
legislation on prostitution in order to prevent human trafficking and protect the human rights
of sex workers?

Definitions and Key Terms

Prostitution: the direct exchange of sexual services for money or other utilities.

Human trafficking: the recruitment, transportation or housing of people against their will,
including the exchange of control over those persons, for the purpose of exploitation

Sexual exploitation: taking advantage of a persons sexuality to make personal gain. It is also
called sexual exploitation if a person benefits financially, socially or politically from the sexual
exploitation of another person.

Prohibitionist approach: a country criminalises both offering sexual services (the prostitutes) as
purchasing sexual services (the clients). Needless to say, all the other activities related to
prostitution, such as brothel-keeping, are illegal too. The only countries in the EU in which all
prostitutes can face prosecution are Croatia and Lithuania.

Abolitionist approach: a country criminalises most activities related to prostitution, while

prostitution in itself is not illegal. Both the seller and normally the buyer of the sexual services
are not punishable. This is based on the view that prostitutes should not be seen as criminals.
Still prostitution is not seen as a profession like any other. Most abolitionists view prostitution as
a mere exploitation of women and consider it a consequence of gender inequality. Examples of
countries with an abolitionist approach are England or Sweden.

Regulationist approach: an approach in which prostitution and all related activities are legal and
can be regulated in a country. This is based on seeing prostitution itself as an enhancement of
gender equality, because it should be a womans right to control what she wants to do with her
body. The best way to protect women in prostitution would be to improve their working
conditions. The Netherlands is an example of a country with a regulationist approach. Relevance
of the Topic and Explanation of the Problem

Procurer: a person who recruits people to work as a prostitute and arranges an exchange of
sexual services with customers. This includes owning a brothel, transporting sex workers into the
country and deriving financial gain from the prostitution of another person.

Trafficking in humans is specifically prohibited in Article 5 of the Charter of Fundamental Rights of

the European Union. As stated in the topic question, 79 % of the human trafficking victims found in
Europe end up in the sex industry. Prostitution legislation is therefore a crucial factor in decreasing
human trafficking. The sex industry is mostly based on women exchanging sexual services for
financial gain. Consequently the majority of the victims of human trafficking are female. Exploitation
in the sex industry is therefore both a cause and a consequence of gender inequality

Women are mainly recruited by procurers through employment promises or an exchange offering
such smuggling them into a certain country or arranging an education. In some cases, these women
are not aware that they will end up as a sex worker. They are mostly unaware of the working
conditions and it is very likely that through coercion they will be forced to engage in prostitution. This
goes hand in hand with violence, sexual abuse and drugging.

Europe knows the largest diversity in the nationality of human trafficking victims in the world. In
2009, about 60% of the victims detected originated from within the EU. Around 13% came from Latin
America, about 5% from Africa and 3% from East Asia. Victims trafficked into Europe frequently find
themselves subjected to their smuggler, because their passports have been confiscated, which leaves
them without any legal documents. On top of that they are often forced to continue working to pay
back huge sums of money to their procurers for smuggling them into the EU.

Stakeholders

The Member States have different stances on what prostitution legislation should look like.
These approaches have derived from different morals and values throughout Europe. The
eradication of human trafficking is, however, in all of their interests as they want to provide a
safe environment for their people.

On the EU level, there are advisory organisations that assist the national governments. In the
Council of Europe, the Group of Experts on Action against Trafficking in Human Beings
(GRETA) is responsible for monitoring the implementation of the Convention on Action
against Trafficking in Human Beings in the Member States. The Committee on Womens Right
and Gender Equality (FEMM) in the European Parliament published a report on sexual
exploitation and prostitution and its impact on gender inequality.

When it comes to combating (and protecting the victims of-) human trafficking and sexual
exploitation, NGOs make an effort to provide help that the national government cannot
provide and try to prevent women from being recruited or forced into human trafficking. In
countries where prostitutes are held morally accountable, NGOs play a very important role
in protecting workers in the sex industry.

The human trafficking market is driven by supply and demand in the sex industry and
therefore clients and prostitutes play key roles. Prostitution arranged or facilitated by a
procurer is the most common form inside the EU.

Main Conflicts

Three general approaches towards prostitution can be distinguished. They are explained in the
definitions and key terms section. The differences in national legislation form a large obstacle in
establishing a common EU policy towards prostitution. No clear provisions can be found in any
binding international law regarding how prostitution should be organised while simultaneously
tackling human trafficking and sexual exploitation. Also, the existing prostitution laws are not explicit
enough and can be interpreted differently, which leads to many loopholes. Procuring, exploiting
others for prostitution and having an income depending on prostitution are often confused with one
another, because they are badly defined. The line between voluntary prostitution and sexual
exploitation is hard to establish, because it is an extremely difficult task to find out if coercion has
been used in the process or if the sex worker knowingly agreed. The Dutch police reported in 2008
that it is believed that between 50-90% of the women in licensed prostitution in the Netherlands
work involuntarily.
In countries that morally condemn prostitution prostitutes do not feel comfortable to reach out for
help or report any suspicion of human trafficking businesses.

Legislative Background & Legal Framework

The Council of Europe has adopted two important conventions related to this topic which are also
open for non-Member States. These conventions are not binding, but set standards to facilitate
cooperation between European countries. There is the Convention on Action against Trafficking in
Human Beings (2005) and the Convention on the Protection of Children against Sexual Exploitation
and Sexual Abuse (2007).
The first real binding EU act addressing human trafficking was composed in 2011 by the European
Commission . The directive supports the principle of non-punishment and unconditional victim
assistance. The Member States have to provide assistance that may consist of housing or providing
medical and psychological help and victims should have the right to claim compensation. It also
obliges Member States to appoint a so called National Rapporteur and collect victim data.
Furthermore the EU set out a strategy towards the eradication of trafficking in human beings for the
period between 2012 and 2016. The strategy provides the Member States with more guidelines to
identify victims, work closer with civil society and better inform victims of their rights. One thing set
out in the strategy was that non-EU victims of trafficking should be granted temporary residence, but
this has not been used till its full potential. In 2012 the Member States registered 2.171 human
trafficking victims originating from non-EU countries, but only 1.124 received a residence permit.

Key Questions

Which legislative approaches exist towards prostitution and what way are they successful in
combating human trafficking for the purpose of sex trade?

Is it up to the EU to decide over a more standardised prostitution policy?

Should the EU hold the national governments responsible for improving the health status and
working conditions of prostitutes?

Which actors involved in the sex industry should be morally punishable?

Should the EU treat prostitution as a legitimate form of work?\
How can the EU require the national governments to fight human trafficking and sexual abuse, if
they have dont have a regulationist approach towards the sex industry?

Further Research
o Video by the European Commision on human trafficking:
https://www.youtube.com/watch?v=-021GVUiKgU#t=219
o Video by the European Commission with stories from human trafficking victims:
https://www.youtube.com/watch?v=IAUzg0gfo_k
o EU act addressing human trafficking was composed in 2011 by the European Commission
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF