Considerations on COM(2014)559 - Authorisation of Member States to ratify the Protocol of 2014 to the Forced Labour Convention on matters related to judicial cooperation in criminal matters

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dossier COM(2014)559 - Authorisation of Member States to ratify the Protocol of 2014 to the Forced Labour Convention on matters related to judicial ...
document COM(2014)559 EN
date November 10, 2015
 
table>(1)The Union is promoting the ratification of international labour conventions, classified by the International Labour Organisation (ILO) as up to date, to contribute to the Union's efforts to promote human rights and decent work for all and to eradicate trafficking in human beings both inside and outside the Union. The protection of fundamental principles and rights at work is a key aspect of that promotion.
(2)The Forced Labour Convention, 1930, of the International Labour Organisation, which the Protocol of 2014 supplements, is a fundamental ILO Convention and has a bearing on rules which make reference to core labour standards.

(3)In so far as the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation (‘the Protocol’) covers the area of protection of victims of crime governed by Article 82(2) of the Treaty on the Functioning of the European Union (TFEU), the Union has already adopted common rules which cover this area to a large extent, in particular through Directive 2011/36/EU of the European Parliament and of the Council (1) and Directive 2012/29/EU of the European Parliament and of the Council (2). The Protocol may affect those common rules.

(4)Article 19(4) of the ILO Constitution, on the adoption and ratification of Conventions, similarly applies to Protocols, which are binding international agreements, subject to ratification and linked to Conventions.

(5)The Union cannot ratify the Protocol as only States can be parties thereto.

(6)Member States should therefore be authorised to ratify the Protocol, acting jointly in the interests of the Union, with regard to those parts falling within Union competence in accordance with Article 82(2) TFEU.

(7)Articles 1 to 4 of the Protocol contain obligations relating to Union legislation concerning the protection of victims of crimes. As a consequence, those provisions fall within the scope of Title V of Part Three TFEU, in particular Article 82(2) thereof.

(8)Article 82(2) TFEU is the only legal basis that this Decision should be based on. The Protocol, in particular Article 4 thereof, also refers to the residence status of victims of forced or compulsory labour to the extent that this is required to enable those victims to have access to appropriate and effective remedies. However, this objective, which relates to Article 79 TFEU, is merely incidental whilst the objectives relating to Article 82(2) TFEU are identifiable as the predominant aim and component.

(9)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(10)The United Kingdom and Ireland are bound by Directive 2011/36/EU and Directive 2012/29/EU, and are therefore taking part in the adoption of this Decision.

(11)Member States should be authorised to ratify the Protocol with regard to matters relating to judicial cooperation in criminal matters contained in Articles 1 to 4 thereof. The parts of the Protocol falling within the competence conferred upon the Union, other than the parts related to judicial cooperation in criminal matters, will be subject to a Decision adopted in parallel to this Decision,