The legal framework
Directive 2011/93/EU harmonises offences of child sexual abuse, exploitation and child sexual abuse material, with minimum penalties. Article 17 requires states to establish jurisdiction over offences committed outside their territory by their nationals, and forbids making prosecution conditional on double criminality or on a complaint filed where the acts occurred. It also provides for disqualification from activities involving contact with children and for the exchange of those disqualifications between states.
This is one of the few areas where the Union imposes extraterritorial jurisdiction: a national of a member state can be tried at home for conduct in a country where it is not an offence.
The ECRIS criminal-records exchange lets an employer learn that a person was convicted in another member state, which was previously impossible.
Key points
| Instrument | Directive 2011/93/EU of 13 December 2011 |
|---|---|
| Extraterritorial jurisdiction | Mandatory for nationals, Article 17 |
| Double criminality | May not be required |
| Local complaint | May not be required to prosecute |
| Disqualifications | Exchanged between member states through the criminal records system |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Can I be prosecuted for acts committed abroad?
Yes. The Directive requires your state to establish jurisdiction over child sexual abuse committed outside its territory by its nationals.
Must the conduct be an offence locally?
No. The Directive forbids requiring double criminality.
Is a complaint needed where it happened?
No, it cannot be made a condition of prosecution.
Do convictions travel between states?
Yes, through the exchange of criminal records, allowing checks on people working with children.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database