During his confirmation hearing on Tuesday, Michael McGrath, the Commissioner-designate for Democracy, Justice, and the Rule of Law, emphasized the European Union’s ongoing struggle against violence towards women and girls, referring to rape as an “abominable crime.” He called for greater uniformity and consistency among member states in addressing these issues and indicated his willingness to consider proposals for adding gender-based violence to the list of Euro-crimes if further action is deemed necessary.
Euro-crimes refer to criminal activities that have an impact on multiple EU member states or pose significant threats to the Union’s financial and economic interests, including terrorism, human trafficking, and money laundering.
Earlier this year, the EU passed a landmark directive aimed at combating violence against women and domestic violence. This directive introduced new penalties for crimes against public figures, journalists, and human rights activists, as well as new rules to prohibit forced marriage and female genital mutilation. However, the directive did not classify rape—defined as sex without consent—as a Euro-crime due to a lack of consensus among member states.
During the hearing, MEP Assita Kanko from the far-right European Conservatives and Reformists group questioned McGrath about his plans to ensure consistent criminalization of rape across the EU. McGrath responded that the European Commission could encourage member states to adopt consent-based definitions of rape when transposing the directive into national law. Countries such as Belgium, Greece, Ireland, Spain, and Sweden already employ such definitions.
The Commission originally proposed the directive on March 8, 2022, with the goal of standardizing laws across the EU to criminalize various offences, including cyber violence and female genital mutilation, alongside rape. However, the proposal sparked a clash between the European Parliament and the Council, with MEPs supporting the inclusion of non-consensual sex as a criminal offense while EU capitals were divided over legal competencies.
Despite extensive negotiations, the Council could not achieve the necessary majority to pass the proposal. Ultimately, the Parliament agreed that having a law, even without the inclusion of rape as a Euro-crime, was better than none. MEP Evin Incir, a leading advocate for the new rules, hailed the Parliament’s approval as a historic step towards strengthening women’s rights and ensuring a future where women can live free from fear and oppression.
The Parliament and the Council agreed that the Commission will report every five years on the situation of women and girls in the EU, evaluating the necessity of reviewing the directive. Statistics reveal that two in ten women in the EU have experienced physical and/or sexual violence from partners or acquaintances, contributing to an estimated societal cost of €290 million annually at the EU level.
