Oldal 295 [295]
OCR
THE EXPLOITATION OF LABOUR AND THE EUROPEAN VALUES through legal instruments only (especially through instruments of the penal law) because the decisions of political authorities are based on double ethics. This is proved by the fact that the norms set up by the UN and the European Union that rest on cultural and moral foundations do not prevail or do not prevail fully in the practical steps supported, tolerated or prohibited by the governments of the member states. All this can lead to the conclusion that we are active or passive participants of a worldwide network that follows a misguided course. In this network, national and international institutions define through legislation the acts they prohibit on the one hand. On the other hand, however, these abovementioned institutions often fail to punish those who break these rules, because they follow their short-term interests. Instead, they tolerate and often even support the activity of those break these norms and cause damage to society. The decisionmakers of political power centres often focus their efforts on prohibiting the political-economic status quo through legal instruments on the one hand, while supporting or at least tolerating it also through legal instruments. In connection with our present subject matter, it means that they directly or indirectly support the activity of the economic power centres, which focus only on their economic interests in the short term. An integral part of this is, however, the exploitation of the workforce involving harm to human life and health owing to the unacceptable risks and the exploitation of the natural environment as well. Akos Farkas highlights several causes of the problems mentioned above — among them problems in the harmonization of law.” Article 83 of the Treaty on the Functioning of the European Union (TFEU)”* mentions specifically some aspects of exploitation only (the sexual exploitation of women and children is in connection with our topic among them) as ones that the following statement of Article 83 refers to: “Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States.” As Farkas points out the same piece of legislation (Article 83) makes it possible to extend the scope of the crimes clearly specified by stipulating that “on the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph.” In his opinion 25 Farkas, Akos, The limitations EU criminal law [Az EU büntetőjog korlátai], Ügyészségi Szemle (Journal of Prosecution) 2 (2018) 98-120. http://ugyeszsegiszemle.hu/hu/201802/ ujsag#74. ?° Consolidated Version of the Treaty on the Functioning of the European Union. https://eurlex.europa.eu/resource.html?uri=cellar:9e8d52e1-2c70-11e6-b497-01aa75ed71a1.0006.01/ DOC_3&format=PDF. + 293 +
