VICTIMS’ RIGHTS in EU law
Daphne III – 2011-2012 AG Call
KICK-OFF Meeting
21 January 2013
Centre Albert Borschette, Brussels
Overview
• Policy context
• Instruments in place
• Challenges
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Why Rights of crime victims in EU
law?
• ECHR : need to safeguard victims’ rights and
their proper place in criminal proceedings and
required operational measures to protect victims
with due respect to exercise of rights of defence
• EU approach: focus on victims’ needs and
getting the right balance between victims and
suspects / accused persons
= The Victims’ Package and Budapest
Roadmap in 2011
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Victims Rights - EU Legislation:
• (1) Victims Directive 2012/29/EU
• (2) Mutual recognition of protection orders
• (3) Compensation Directive 2004/80/EC
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Victims Directive 2012/29/EU
Comprehensive
scope
of
victims'
throughout criminal proceedings:
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





rights
Information
Interpretation and translation
Victim support (general and specialist support)
Protection / Individual assessment of protection needs
Participation in criminal proceedings
Training of practitioners
Coordination
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Victims Directive
compared to 2001 Framework Decision?
•
•
•
•
•
•
•
•
Legally binding and enforceable !
Applies also to victims’ family members
Child sensitive approach
Extended right to information (from first contact
throughout criminal proceedings)
Stronger obligation to provide victim support
Right to review decision not to prosecute
Individual assessment to identify vulnerable victims &
special protection measures
Training of practitioners
 BUT some key rights limited to victims with formal role!
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EU legislation on protection measures
Protection measures:
• Help when offender intimidates or retaliates on victim, usually
made by court, orders the offender to refrain from stalking or
assaulting the victim
• Exist in all MS legislations but are effective on territory of
one state
EU response:
- 2011 Directive on European Protection Order - in placeintroduces the order (EPO) so to allow EU Member States to
extend a protection order to another Member State and
- "EPO Civil" – currently negotiated - separate Regulation
on Mutual Recognition of measures of civil nature = quick,
easy and direct system of the carry-on certificate
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EU legislation on compensation to victims
•Compensation: Crime victims should be entitled to fair and
appropriate compensation for the injuries they have suffered,
regardless of place of the crime (in the EU)
EU response - Directive 2004/80/EC on compensation to
crime victims:
- obligation to set up national compensation scheme for
victims of violent intentional crime committed in the MS
territories
- access to compensation for victims in cross-border situations
•!Currently - study for Impact Assesment on new initiative on
compensation
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• Victims’ Rights legislation apply to all victims but
 Recognise special needs for vulnerable victims - by the
individual assessment (personal characteristics,
type/nature and circumstances of the crime)
 Provides for range of special measures to protect such
victims during investigations and court proceedings
 Children always presumed to be vulnerable but particular
attention to victims of gender based violence &
violence in closed partnership
• Directive is just one step – practical measures to
ensure implementation in 2015 and further action
required (Budapest Roadmap)
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Implementation of the Directive
 Different levels of victims’ procedural rights in the MS
 Different legal traditions and criminal justice systems
 Different approaches taken on victims (hard/soft law)
• Commission's role:
 Commission guidelines on interpretation of Articles
 Consultation and cooperation with MS and stakeholders
(expert meetings and implementation workshops)
 Project funding of accompanying measures (e.g. exchange
of best practices, training, awareness raising, studies…)
 Recommendations on specific issues (Budapest Roadmap)
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THANK YOU!
Contact / Info:
European Commission
DG Justice, Procedural Criminal Law unit
Victims Team:
Sara Chrzanowska,
Denisa Fikarova
led by Ingrid Bellander-Todino
Tel.: +32-2 298 7539
E-mail: sara.chrzanowska@ec.europa.eu, denisa.fikarova@ec.europa.eu
ingrid.bellander-todino@ec.europa.eu
Website:
http://ec.europa.eu/justice/criminal/victims/index_en.htm
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