The evolution of European Union criminal law (1957-2012)

“1. The Union is founded on principles of liberty, democracy, respect for human rights
and fundamental freedoms, and the rule of law, principles which are common to the
Member States.
2. The Union shall respect fundamental rights, as guaranteed by the European
Convention for the Protection of Human Rights and Fundamental Freedoms signed in
Rome on 4 November 1950 and as they result for the constitutional traditions common
to the Member States, as general principles of Community law.”
The commitment to human rights was also to be found symbolically in several
preambles. The Framework Decision on the trafficking of human beings, for instance,
states how the protection of such values is at the centre of the rationale for
criminalisation:
“Trafficking in human beings comprises serious violations of fundamental human
rights and human dignity and involves ruthless practices such as the abuse and
deception of vulnerable persons, as well as the use of violence, threats, debt, bondage
and coercion.” 501
Similarly, the preamble of the Framework Decision on sexual exploitation of children
states,
“Sexual exploitation of children and child pornography constitute serious violations of
human rights and of the fundamental right of a child to harmonious upbringing and
development.” 502
Whereas the preamble of the Framework Decision on combating terrorism declares:
“The European Union is founded on the Universal values of human dignity,
liberty, equality and solidarity, respect for human rights and fundamental
freedoms. It is based on the principle of democracy and the principle of rule of
law, principles which are common to the Member States.” 503
The reference to fundamental rights in the preamble of these framework decisions sent a
symbolic message of the importance of the protection of fundamental rights in the
framework of ECL.
501 Recital (3) of the Framework Decision 2002/629/JHA, supra note 409.
502 Recital (4) of the Framework Decision 2004/68/JHA, supra 414.
503 Recital (1) Council Framework Decision 2002/475/JHA, supra note 413.
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