The European Union's legal framework and human trafficking : the case of Malta

Abstract

This dissertation uses Malta as a case study to examine the impact of the European Union and national legal frameworks on preventing and combating human trafficking. As a key entry point to Europe, Malta faces unique challenges due to its geographical location and migration pressures. The research examines how well Malta's policies align with EU anti-trafficking directives and identifies gaps between policy and practice. Using a mixed-methods approach – combining legal analysis, policy review and an interview with an NGO in Malta – the study highlights both structural and practical issues. While Malta has made efforts to comply with EU legislation, corruption, insufficient resources and weak enforcement continue to undermine its anti-trafficking initiatives. Scandals such as those involving the Identità agency demonstrate systemic failures, while strict immigration policies increase the vulnerability of migrants and asylum seekers to become victims of human trafficking. In addition, inconsistent cooperation between NGOs and government agencies further weakens victim support, especially for male victims and labour exploitation. The findings highlight the need for stronger enforcement and the eradication of corruption to combat human trafficking effectively. The study calls on the EU to prioritise strengthening accountability measures for Member States to ensure the full and consistent implementation of existing anti-trafficking directives. Introducing new legislation would likely be ineffective if Member States continue to ignore enforcement, as they do with current laws. It is not that the current laws are insufficient, but they will remain ineffective without proper implementation and enforcement, leading to the same outcomes as new legislation would under similar circumstances. Without addressing the lack of enforcement, both current and future legislation will fail to effectively combat human trafficking in Malta and the EU.