Main Legislative Tools

Main Legislative Tools

Main Legislative Tools

National legislation

Law no. 678/2001 on preventing and combating trafficking in persons, with its amendments and later completions

The Regulation for Application of the Dispositions of Law 678/2001 on preventing and combating trafficking in persons

Law 211/2004 regarding certain measures to ensure protection for victims of offences

Governmental Decision no. 982/2008 for the approval of the National Action Plan for 2008 – 2010 on the implementation of the National Strategy against Trafficking in Persons for 2006 – 2010

Governmental Decision no. 1238/2007 regarding the approval of the National Specific Standards for Trafficked Victims’ Assistance and Protection

Governmental Decision no. 1295/2004 on the approval of the National Action Plan to prevent and Combat Trafficking in Minors

Governmental Decision no. 1654/2006 for the approval of the National Strategy against Trafficking in Persons 2006 - 2010

Governmental Decision no. 1769/2004 on the approval of the National Action Plan for eliminating the exploitation of children for forced labour

Law 287/2005 on the approval of Government Emergency Ordinance no. 79/2005 for the amendment and completion of Law 678/2001 on preventing and combating trafficking in human beings

Law no. 272/2004 on protecting and promoting the rights of the children

Governmental Decision no. 1443 /2004 regarding the repatriation methodology of unaccompanied Romanian minors found on foreign territory and ensuring of special protection measures in their favour

Common Order no. 123-429/2004 of the National Authority for Child Protection and Adoption and of the Ministry of Administration and Interior, published in the Official Journalno. 1150 of December 6, 2004

Common Order of the Minister of Administration and Interior, the Minister of Education, Research and Youth, the Minister of Public Health, the Minister of Labour, Family and Equal Opportunities, of the President of the National Authority for Child Protection, the Minister of External Affairs, of the General Prosecutor and of the Minister of Justice for the approval of the National Identification and Referral Mechanism for Victims of Trafficking in Persons, published in the Romanian Official Part I, no. 849 of December 17, 2008

Additional legislation:

Law 682/2002 regarding witness protection

Law 39/2003 regarding the prevention and combating of organized crime

Law 302/2004 regarding international judicial cooperation in penal matters

Law 116/2002 on preventing and combating social exclusion

Law 47/2006 on the National Social Assistance System

Law 416/2001 regarding the minimally guaranteed income

In order to consult further legislative tools, please find:

International Legislation

The United Nations Convention against Trans-national Organized Criminality adopted in New York on November 15, 2000, ratified through Law no. 565/2002

The Council of Europe Convention on Action against trafficking in Human Beings - ratifiedthrough Law no. 300/2006

The European Union Plan on best practices, standards and procedures for combating and preventing trafficking in human beings, published in the Official Journal of the European Union on December, 9, 2005

The United Nations Convention on the Rights of the Child, adopted by the UN General Assembly of November, 20, 1989, entered into force in 1990 and ratified in Romania through Law no.18/1990

The Convention of the International Labour Organization no.182/1999 regarding the interdiction of the worst forms of child labour and immediate action towards their elimination, adopted at the 87th session of the General ILO Conference in Geneva (1999), ratified through Law 203/2000 and the Facultative Protocol of the Convention with regard to the Rights of the Child, selling in children, child prostitution and child pornography (2001), published in the Official Journal no. 601/27.09.2001, part I

Directive 2004/81 – Victims of trafficking synthesis report -> Academic Network for Legal Studies for Immigration and Asylum in Europe, 2010

Model Law against Trafficking in Persons –> UNODC, UN.GIFT

Legislation and the Situation Concerning Trafficking in Human Beings for the Purpose of Sexual Exploitation in EU Member States -> ICMPD, 2009

The Council Framework Decision 2004/68/JAI ofDecember, the 22nd 2003 on combating the sexual exploitation of children and child pornography - JO L 13 of 20.01.2004, pg. 44

The Council Framework Decision 2002/629/JAI ofJuly the 19th2002on combating trafficking in human beings. The Official Journal L 203,01/08/2002 pg. 1-4

The Council of Europe Decision 2001/87/EC of 8 December 2000 on the signing on behalf of the European Community of the United Nations Convention against Transnational Organized Crime and its Protocols on Combating Trafficking in Persons, especially women and childrenand the smuggling of migrants especially by land, air and sea. The Official JournalL 030, 01/02/2001 P 44

The Council of Europe Decision of May the 29th 2000 on combating child pornography on the Internet – the Official Journal L 138, 09/06/2000 pg. 1-4;

The Council Framework Decision 2001/220/JHA regarding the standing of victims in the penal procedures. The instrument is based on TitleVI of the Treaty over European Union, on granting the victims’ rights to request damage from the offender during penal procedures;

The Council of Europe Directive 2004/80/EC of 20 April 2004on compensating victims of crimes;

The European Convention on Compensating Victims of Violent Crimes (Strasbourg, 24 November 1983);

Recommendation no. R(85)11on the standing of victims in the penal trial and penal procedures;

The European Commission Communication “Victims of Crimes in the European Union” – reflections regarding the action standards(14 July 1999);

The European Commission Green Paper “Compensating Victims of Violent Crime” (28 September 2001);

Directive 2004/81 victims of trafficking synthesis report (Academic Network for Legal Studies on Immigration and Asylum in Europe, 2010)

Model Law against Trafficking in Person (UNODC, UN.GIFT)

Legislation and the Situation Concerning Trafficking in Human Beings for the Purpose of Sexual Exploitation in EU Member States (ICMPD, 2009)

Proposal for a Council Framework Decision on combating the sexual abuse , sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA -> Commission Of The European Communities, 2009

Proposal for a Council Framework Decision on preventing and combating trafficking in human beings, and protecting victims, repealing - Framework Decision 2002/629/JHA ->Council of European Union, 2009

Relevant international legal instruments for tackling trafficking in human beings can be found on the following portals: