By Piotr Bąkowski and Martina Prpic

Drawing on diverse underlying rationales, policies on prostitution – in the EU and elsewhere – vary both in their objectives and in their strategies for achieving those objectives. These distinctions manifest in the terminology used, with 'prostitution' typically favoured by stakeholders aiming to curb or eradicate the practice, and the term 'sex work' embraced by those who view prostitution as a legitimate form of employment. Formulating policies on prostitution presents numerous challenges, including a lack of comprehensive statistical data. However, these policies often lack emphasis on the importance of evidence-based approaches – shaped instead by ideological beliefs and moral perspectives. While discussions on prostitution transcend feminism, feminist ideologies have had a particularly strong impact on policy formulation. Academic classification of prostitution policies into national models or regimes is subject to ongoing debate, with criticism directed towards the 'model approach' for oversimplifying the complexities of these policies and failing to capture regional and local variations. Traditionally, policies have been categorised into overarching ideological approaches: 'prohibitionism', which seeks to outlaw all aspects of prostitution; and 'abolitionism', which focuses on criminalising the facilitation and purchase, but not the sale of sexual services. However, there is a growing tendency towards classifying policies as falling under criminalisation (of purchase or sale), legalisation (regulation) or decriminalisation. Given the EU's lack of explicit authority to regulate prostitution, which falls within the exclusive competence of individual Member States, stakeholders both within and outside EU institutions advocate framing prostitution as a problem linked to areas where the EU does have competence; these include gender equality, violence against women, human trafficking, and the free movement of services. With the European Commission and the Council largely silent on the issue, debates predominantly occur within the European Parliament, and are marked by strong disagreements between Members subscribing to opposing approaches. Prostitution is subject to varying regulations across the EU, leading to a diverse array of national legislative and policy frameworks. Member States differ as to how they address the sale or purchase of sex, as well as the exploitation of prostitution. This variety is due not only to EU Member States' different historical and cultural backgrounds, but also to the current local state of affairs, especially as regards the situation in the field, and the priorities of the governments in power. In some Member States, there is a strong concern that prostitution constitutes violence against women. Those States usually tend to penalise buyers of sexual services. By contrast, some other Member States recognise that 'sex work' is a voluntary choice for some and tailor their legal frameworks accordingly.

Brussels: European Parliamentary Research Service, 2024. 39p.

By Jakob Manthey, Jürgen Rehm,and Uwe Vertheina

With the enforcement of the Cannabis Act on 1 April 2024, Germany has adopted one of the most liberal legal approaches to cannabis on the continent. The German model prioritises a non-profit approach and precludes legal market mechanisms. We believe these are the main drivers for increasing cannabis use and related health problems, based on observations following cannabis legalisation in Canada and many states in the U.S. Although legalising cannabis possession and cultivation may not immediately eliminate the illegal market, it is expected to serve public health goals. Despite the overall positive evaluation of the Cannabis Act in Germany, there are three potential areas of concern: the potential for misuse of the medical system, the normalization of cannabis use, and the influence of the cannabis industry. The German model may herald the beginning of a new generation of European cannabis policies, but concerted efforts will be required to ensure that these policy reforms serve rather than undermine public health goals.

The LANCET Regional Health - Europe, Vol 42 July, 2024

Edited by Ivan Sammut, Jelena Agranovska

This book is the result of an academic project, funded by the Hercules Programme of the European Commission to study legislation dealing with crimes against the Financial Interest of the EU awarded to the Department of  European and Comparative Law within the Faculty of Laws of the University of Malta. The study deals with the notion of criminal law at the European Union level as well as the relationship between the EU legal order and the national legal order. The focus of the study is on the development of EU criminal legislation aimed at protecting the financial interests of the EU, with a focus on cybercrime, fraud and public spending. It starts with the current legal basis in the TFEU, followed by the development of EU legislation in the area as well as the legislation of relevant bodies, such as EPO, OLAF and EUROPOL. The study tackles how this legislation is being received by the national legal orders, whereby eleven EU Member States are selected based on size, geography and legal systems. These Member States are France, Ireland, Croatia, Estonia, Germany, Italy, Malta, Spain, Latvia, Greece and Poland. A comparative study is made between those sections of EU criminal law dealing with the financial interests of the EU in these Member States to analyse the current legislation and propose future developments. The study, which is led by the editors based at the University of Malta, examines the subject from a European perspective. Besides the European perspective, the  study focuses on national case-studies, followed by a comparative analysis.

The Hague: Eleven International Publishing, 2020. 340p.

By Astrid De Schutter and Nils Duquet

This report discusses the connection between drug trafficking and firearms trafficking, focusing on systemic drug-related gun violence. It also examines the societal impact of this violence within the EU. For those interested in understanding the complex nexus between firearms trafficking, drug trafficking, and the resulting violence, this report provides valuable insights and analysis.

The analysis responds to a need for further research into the issue, at a time of rising drug-related violence in Europe. On average, over a quarter (28%) of the firearms seizures in Europe are estimated to have occurred in the context of drug trafficking, with this figure close to a half (44%) in some EU Member States (UNODC). The UN Commission on Narcotic Drugs has emphasised the need to address the links between the illicit trafficking in drugs and firearms. In Resolution 65/2, it encouraged states to take appropriate measures to prevent and combat these links, by enhancing border control management, information exchange and international operational cooperation.

The report identifies the Balkan route as a key transit route for firearms and drugs into the EU. Weapons and drugs are often smuggled along this route as part of multi-commodity transfers, or hidden in vehicles. The Western Balkans are an important source region of firearms trafficking into the EU. The arms moved from this region are often 'conflict legacy weapons' (e.g. from conflicts in the former Yugoslavia and the Albanian civil war). Firearms are often smuggled together with drugs by the same criminal networks or, at least, along well-established drug-trafficking routes.

The analysis shows how firearm traffickers have significantly exploited legal loopholes over the past 20 years to legally acquire weapons unable to fire live ammunition (e,g. alarm weapons, deactivated acoustic expansion weapons, small-calibre firearms) and convert them into live-firing weapons. The ease with which these weapons can be legally purchased and converted has strongly impacted the criminal availability of firearms in several EU countries. In various Member States, a higher availability of trafficked firearms on the illicit market has triggered drug-related gun violence.

In 2019, the EMCDDA and Europol noted that the criminal use of firearms by organised crime groups (OCGs) involved in European drug markets appeared to be increasing. Europol found that the use of drug-related violence has escalated in recent years, particularly linked to the cannabis and cocaine trade (SOCTA, 2021).

The report takes an in-depth look at the use of gun violence at the wholesale level of the drug distribution chain and the local consumer market. Violence appears generally less evident at the production and wholesale level than the consumer level of the drug market. Most of the drug-related gun violence at wholesale level in Europe is connected to cocaine. The recent shift from a few large networks dominating the cocaine market to a larger number of smaller competing networks may explain the upsurge in violence.

The local consumer market accounts for most of the visible drug-related gun violence. Many actors involved in this violence are young adults using guns as a means to advance their criminal career. Open drug markets — where buyers can purchase products without prior introduction to the seller — are more prone to violence than closed markets, which are built on relationships of trust between buyer and seller.

Finally, the report looks at the broader impact of firearms trafficking and associated violence in the drug trade on society as a whole. Residents or individuals working in the community may be threatened or extorted. Drug criminals may target innocent victims through cases of mistaken identity. And there may be spill-over effects, when violence moves beyond the criminal milieu (e.g. to Ministers, journalists).

The report underlines the need for sound intelligence on these security phenomena, including better ballistics data, law enforcement information and intelligence on firearms trafficking and criminal shootings. Such data and information are crucial to adequately inform evidence-based initiatives, support targeted law enforcement actions and evaluate policies. The study contributes towards a better understanding of drug-related gun violence in the EU and supports appropriate policy responses to prevent this type of violence.

Lisbon: European Monitoring Centre for Drugs and Drug Addiction. 2023. 57p.

By Atanas Rusev, et al.

Organized property crime is considered to be a significant criminal market affecting virtually all members states of the European Union. Organized property crime is reportedly being committed by highly mobile organized crime groups (MOCG). These groups have been engaging in various forms of property crime, such as motor vehicle theft throughout Europe. At European level, ongoing initiatives are supporting member states in the fight against organized property crime. Nonetheless, to date still little is known on the logistical processes of motor vehicle theft across EU member states and in Europe as a whole. Within this context, this project aims at enhancing the knowledge of organized property crime in the form of motor vehicle crime, which includes motor vehicle theft and the sale of stolen vehicle parts.

Vehicle Crime Barrier, 2023, 46p.

By Meenakshi Fernandes and Lenka Jančová  

  Corruption, which can be defined as the 'abuse of entrusted power for private gain', poses a significant threat in the European Union. Corrupt practices can lead to a misuse of public funds and can contribute towards an erosion of democracy and the rule of law. The European Union can do more to tackle corruption and curb its negative impacts on society. This report draws on a quantitative analysis of corruption in the EU with a focus on three aspects: i) democracy and the rule of law; ii) public trust in institutions; and iii) public procurement. Further EU action to tackle corruption could strengthen trust in public institutions and enhance regulatory certainty. In quantitative terms, the social and economic gains could reach up to €58.5 billion per year.  

 Brussels: EPRS | European Parliamentary Research Service, 2023.  78p.

By The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

The Trends and Developments report presents the EMCDDA’s latest analysis of the drug situation in Europe. Focusing on illicit drug use, related harms and drug supply, the report contains a comprehensive set of national data across these themes and key harm-reduction interventions.

Lisbon: EMCDDA, 2022. 60p.

By European Monitoring Centre on Drugs and Drug Addiction (EMCDDA)

Our overall assessment is that drug availability and use remain at high levels across the European Union, although considerable differences exist between countries. Approximately 83.4 million or 29 % of adults (aged 15–64) in the European Union are estimated to have ever used an illicit drug, with more males (50.5 million) than females (33.0 million) reporting use. Cannabis remains the most widely consumed substance, with over 22 million European adults reporting its use in the last year. Stimulants are the second most commonly reported category. It is estimated that in the last year 3.5 million adults consumed cocaine, 2.6 million MDMA and 2 million amphetamines.

Around 1 million Europeans used heroin or another illicit opioid in the last year. Although the prevalence of use is lower for opioid use than for other drugs, opioids still account for the greatest share of harms attributed to illicit drug use. This is illustrated by the presence of opioids, often in combination with other substances, which was found in around three quarters of fatal overdoses reported in the European Union for 2020. It is important to note that most of those with drug problems will be using a range of substances. We are also seeing considerably more complexity in drug consumption patterns, with medicinal products, non-controlled new psychoactive substances and substances such as ketamine and GBL/GHB now associated with drug problems in some countries or among some groups. This complexity is reflected in an increasing recognition that drug use is linked with, or complicates how we respond to, a wide range of today’s most pressing health and social issues. Among these issues are mental health problems and self-harm, homelessness, youth criminality and the exploitation of vulnerable individuals and communities.

Lisbon: EMCDDA, 2022. 60p.

By Center for the Study of Democracy

Extortion racketeering has been long pointed out as the defining activity of organised crime. Although in recent years this crime has not been among the top listed organised crime threats in the strategic EU policy documents, it still remains ever present in European countries. The seriousness of the phenomenon has been recognised at the EU level and the crime has been listed in a number of EU legal acts in the field of police and judicial cooperation in criminal matters.

The report Extortion Racketeering in the EU: A six country study of vulnerability factors analyses extortion racketeering forms and practices in six EU member states. The analysis disentangles the risk and the vulnerability factors for enterprises in two business sectors – agriculture and hospitality – as well as in the Chinese communities. Drawing on the results of the analysis, the report suggests new policies for tackling extortion racketeering in the EU.

Sofia, Bulgaria: Center for the Study of Democracy, 2016. 351p.

Edited by Ernesto U. Savona and Michele Riccardi

Aim of Project OCP – Organised Crime Portfolio (www.ocportfolio.eu) – is to carry out an exploratory study of the economics of organised crime in Europe, and in particular to address three research questions, which are covered by the three sections of the final report:

Where organised crime proceeds are generated, from which illicit markets (Part 1);

Where these proceeds are then invested in the legitimate economy, in which regions, assets and business sectors (Part 2);

The extent to which these proceeds are confiscated by European authorities (Part 3).

The project focuses on seven EU member states (Finland, France, Ireland, Italy, the Netherlands, Spain and the United Kingdom), represented by OCP partners, and for which provides an in-depth analysis. However, the report also presents a broader examination of the situation in Europe as a whole.

Trento: Transcrime – Università degli Studi di Trento. 2015 341p.

A Comparative Perspective. Edited by Celina Nowak. This chapter outlines the framework of the research presented in this volume. It starts with a notion that national criminal policies on illicit tobacco trade are a part of the national tobacco control policy, and at the same time a part of a general national criminal policy and points to the need for an in-depth research of national criminal laws in this regard. It presents the scope of the research, which consists in a comparative analysis about the illicit tobacco trade and about efforts to counteract that trade in six EU Member States—four post-communist states (Lithuania, Poland, Slovakia and Romania), on the Eastern border of the Union and two “old” EU Member States (Germany, Italy). Springer. (2021) 283p.