Çelebi, Dilken Author aut Koop, Lisa Marie Author aut Melchior, Leokadia Author aut Text xx# 2024 Verfassungsblog 2024-01-17 eng

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Gender-based violence has dramatically increased in the European Union (EU) in recent years. In particular women are widely affected by rape. On 8 March 2022, the Commission presented a Draft Directive for comprehensive, effective and enforceable protection against gender-based violence in all EU Member States. The main point of contention in the negotiations, which could ultimately prevent the adoption of the Draft Directive, is the introduction of the common definition of the criminal offence of rape. The Directive aims to harmonize across Europe the definition of rape as a violation of the consent-based sexual act. Yet, twelve Member States, with Germany and France at the forefront, are not convinced that the EU has a sufficient legal base to regulate that issue. This article highlights the arguments for a common regulation of the criminal offence of rape in the EU under Art. 83 (1) TFEU against the doubts raised by the German Federal Ministry of Justice. CC BY-SA 4.0 Çelebi, Dilken Deutschland EU EU Germany Rape Sexual Exploitation Vergewaltigung Deutschland EU Vergewaltigung 342 https://verfassungsblog.de/germany-blocks-europe-wide-protection-of-women-against-violence/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/2cbb56fcbc52ec14 240117 10.59704/2cbb56fcbc52ec14 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)