VICTIMS’ RIGHTS in EU law

Daphne III – 2011-2012 AG CallKICK-OFF Meeting

21 January 2013 21 January 2013 Centre Albert Borschette, BrusselsCentre Albert Borschette, Brussels

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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' rights throughout criminal proceedings:

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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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 stateEU response: - 2011 Directive on European Protection Order - in place- introduces 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

EU legislation on protection measures

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•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

EU legislation on compensation to victims

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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)

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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Implementation of the Directive

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THANK YOU! Contact / Info:

European CommissionDG Justice, Procedural Criminal Law unit

Victims Team:Sara Chrzanowska,

Denisa Fikarovaled by Ingrid Bellander-Todino

Tel.: +32-2 298 7539E-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