Violence Against Women: Tin Eu Police Pull Play A Bigger Component Inwards Combatting It?

Steve Peers

Today's report from the EU's Fundamental Rights Agency (FRA) on the scale of violence against women inside the European Union is simultaneously an enormously impressive displace to collect standardised information on this of import issue, in addition to a rattling upsetting indication at how prevalent such forms of violence are. The FRA study makes a large number of detailed in addition to useful recommendations to Member U.S. in addition to the European Union well-nigh how to address this issue, equally regards changes to national law, the interpretation of existing European Union laws, in addition to the purpose of pedagogy in addition to awareness-raising. Yet it does non suggest that the European Union adopt legislation on the specific subject. In my view, the European Union could - in addition to should- do so. So despite the slap-up value of the FRA's report, it is, inwards my view, unfortunate that it did non accept this chance to advocate European Union legislation.

The EU's powerfulness to act

No thing how desirable a especial police mightiness be, the European Union tin solely human activity when powers conduct keep been conferred upon it. To what extent tin it human activity to bargain amongst violence against women? First of all, Article 83(1) TFEU gives the European Union powerfulness to adopt criminal police measures on specific offences which were deemed past times the Treaty drafters to conduct keep a EU-wide impact. This includes legislation concerning 'trafficking inwards human beings in addition to the sexual exploitation of women in addition to children'. Indeed, equally the FRA study points out, the European Union has adopted Directives on trafficking inwards persons in addition to sexual offences against children.

The EU has too used its powerfulness to adopt a Directive on the protection of criminal offense victims generally, which, equally the study points out, contains specific provisions on protection against gender-related violence. However, this Directive does non address issues of noun criminal law. Neither does the European Union legislation on cross-border enforcement of criminal police protection orders or civil police protection orders.

Could the European Union adopt a noun criminal police mensurate on other aspects of violence against women? It does conduct keep powerfulness to adopt criminal police measures on offences non listed inwards Article 83(1), if (according to Article 83(2)) this is 'essential to ensure the effective implementation of a Union policy inwards an expanse which has been discipline to harmonisation measures'. As regards gender equality, at that topographic point is (inter alia) European Union police on previous spider web log post.

Should the European Union occupation its powers?

The FRA study makes many references to the Council of Europe's recent Convention on violence against women, in addition to encourages Member U.S. in addition to the European Union to ratify it. Of course, this would locomote desirable, since the Convention is a comprehensive recent musical instrument which is moreover opened upwards to non-EU Member States.  But is it enough? Certainly the European Union did non merely rely on the Council of Europe Conventions on trafficking inwards persons or the exploitation of children when it adopted its ain legislation on the issue, or upon the UN Convention on the Elimination of Discrimination Against Women when it adopted its sexual activity equality laws.

The fact is, land ratification of the Convention should locomote encouraged, most Member U.S. conduct keep non nevertheless ratified it. Moreover, European Union police has an inherent wages over international treaties inwards price of its enforceability, given that the Commission tin convey proceedings against Member U.S. for non-application or wrong application of the law, in addition to individuals tin rely on it earlier the national courts.

What specific issues could European Union legislation address? Here, the FRA study points to roughly failings inwards national police which could locomote addressed past times an European Union measure, ensuring that the European Union mensurate would add together value compared to the existing legal position. In particular: roughly national laws conduct keep a restrictive Definition of sexual violence; ane Member State does non criminalise rape of married women; roughly Member U.S. do non address repeat victimisation; roughly national laws do non address psychological violence, stalking or cyber-harassment; in addition to electrical current European Union anti-discrimination police solely concerns sexual harassment at the workplace, non inwards other contexts. This represents a pregnant catalogue of issues which European Union police could usefully address.

Conclusion

The FRA's proffer that the European Union ratify the Council of Europe Convention presents an chance to convey the 2 issues (can the European Union act, in addition to should it act) together. According to European Union external relations law, the European Union tin ratify treaties non exactly equally regards its competence which it has already exercised (as regards criminal offense victims' rights, for instance), but too inwards observe of competences which it has non exercised. Furthermore, a treaty which the European Union has non nevertheless ratified tin locomote sent to the Court of Justice of the European Union, inwards companionship to seek its compatibility amongst European Union law, including equally regards European Union competences. So the European Parliament, the Council, the Commission or a Member State could occupation this procedure to inquire the Court to clarify the exact extent of the EU's powers to conclude the Convention equally regards noun criminal law.

[Update: inwards March 2016, the Commission proposed that the European Union sign the Council of Europe Convention. See farther give-and-take here.]

Barnard & Peers: chapter 20, chapter 25

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