{ "activities": [ { "date": "2000-04-14T00:00:00", "docs": [ { "url": "http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=7797%2F00&fc=REGAISEN&srm=25&md=100", "text": [ "
\n
This document comprises an explanatory note from the\nPortuguese Republic regarding its initiative for a Framework\nDecision on the standing of victims in criminal procedure.
\nThe proposed Framework Decision has its origins in the provisions\nin the Treaty on European Union relating to an area of freedom,\nsecurity and justice, the Action Plan of the Council and the\nCommission on how best to implement the Treaty's provisions on\nthese aspects, and the Commission's July 1999 Communication\nentitled 'Crime victims in the European Union: reflection on\nstandards and action'.
\nThe guiding principles followed in drawing up the draft Framework\nDecision have been to:
\n- focus on addressing the basic issue for citizens of access to\njustice as regards the standing of victims in criminal procedure\nand related matters;
\n- take an initiative by way of a proposal for a Framework Decision\nas the form best suited to a subject involving per se the need for\napproximation of legislative and regulatory provisions;
\n- find some initial common ground on the type of initiative, the\nneed for it and its scope, as done form January 2000 onwards in\nliaison with Portugal's three successors in the Presidency, the\nCommission, the General Secretariat of the Council and the European\nForum for victim support groups.
\nThe results of the strategy established show that:
\n1) the importance of an integrated approach to the issue of victims\nin the context of access to justice have been pointed out and\nacknowledged, leaving the alternative of putting forward individual\nproposal to resolve problems faced by victims, which would in\nparticular fail to live up to the decisions taken in Tampere;
\n2) in this context, in the course of criminal procedure and\ndirectly related aspects, the proposals put forward are designed to\naddress the points identified as essential to a proper response to\nvictims' needs;
\n3) all the subjects identified by the Commission communication as\nneeding to be addressed have been covered as part of a consistent\napproach to the need for approximation of laws and\nregulations.
\nThe main provisions of the proposal for a Framework Decision deal\nwith:
\n- the treatment of victims with respect and dignity at all levels\nof the criminal procedure, incluing the protection of their privacy\nand safety,
\n- the availability of contact persons in court to assist victims\nand witnesses with matters in relation to the procedure and/or,\ndepending on the jurisdiction, other services available for support\nand advice, bearing in mind also the requisite cooperation of\nvictim support groups and the need for 'procedure' to be broadly\nconstrued,
\n- making it possible for a foreign victim to participate adequately\nin a procedure,
\n- the availablity of court premises, such as separate waiting\nrooms, assuring that a victim or witness does not have to confront\nthe offender more than necessary,
\n- the restitution of stolen property to victims as early as\npossible,
\n- additional research and experiments in victim-offender mediation\nwith evaluation of the particular interests of victims, as well as\npractical arrangements for mediation.
\nThe approach taken to the issue of victims throughout the draft\nArticles stems from the realisation that, in dealing with the\nposition of victims generally in criminal procedure and\nparticularly victims resident in another country, there can be no\ngetting away from the central focus on victims as individuals and\non what they go through in relation to the responses which they\nreceive, in various ways, from various sources, before reporting an\noffence, in the course of procedure and at the enforcement stage\nafter judgment has been given.
\nHence the importance attached in the draft to the involvement of\nvictim support groups, training of personnel coming into contact\nwith victims, networks of contact points, specific aspects of\ncompensation in criminal procedure, without seeking to deal\nexhaustively with this subject, which needs to be covered in full\nseparately, and the use of mediation in procedure.
\n
\n
\n" ], "type": "Document attached to the procedure", "title": "07797/2000" } ], "body": "CSL", "type": "Document attached to the procedure" }, { "date": "2000-07-20T00:00:00", "docs": [ { "url": "http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=9650%2F00&fc=REGAISEN&srm=25&md=100", "text": [ "
\n
PURPOSE: Portuguese initiative regarding the adoption of a\nFramework Decision on the standing of victims in criminal\nprocedure.
\nCONTENT: It was agreed at the Tampere European Council in October\n1999 that minimum standards should be drawn up on the protection of\nthe victims of crimes, in particular on crime victims' access to\njustice and on their right to compensation for damages, including\nlegal costs. In addition, national programmes should be set up to\nfinance measures, public and non-governmental, for assistance to\nand protection of victims.
\nThe guiding principles used in drawing up the draft Framework\nDecision have been to:
\n- focus on addressing the basic issue for citizens of access to\njustice as regards the standing of victims in criminal procedure\nand related matters, as pointed out in the Commission's 14 July\n1999 communication entitled 'Crime victims in the European Union:\nreflections on standards and action';
\n- take an initiative by way of a proposal for a Framework Decision\nas the best form suited to a subject involving per se the need for\napproximation of legislative and regulatory provisions;
\n- find some initial common ground on the type of initiative, the\nneed for it and its scope, as done from january 2000 onwards in\nliaison with Portugal's three successors in the Presidency, the\nCommission, the General Secretariat of the Council and the European\nForum for Victim Support Groups.
\nThe main provisions of the Framework Decision cover:
\n- definitions of 'victim', 'victim support group' and\n'procedure';
\n- respect and recognition: Member States are required to ensure\nthat victims are treated with respect for the dignity of the\nindividual and to recognise the rights and legitimate interests of\nvictims at all stages of procedure. Appropriate measures shall be\ntaken for victims who are particularly vulnerable on account of\ntheir age, their sex or other circumstances;
\n- right to provide information: the right of victims to be heard in\nthe procedure and their right to furnish evidence must be\nsafeguarded by Member States;
\n- right to receive information: victims must have access to\ninformation of relevance for the protection of their interests from\nthe outset;
\n- communication safeguards: Member States are required to take\nnecessary measures to prevent language difficulties, or inadequate\npowers of expression or comprehension, from impeding either\nvictims' direct or indirect understanding of important steps in the\nprocedure or any involvement of victims in such steps, particularly\nthrough the use of appropriate interpreting and communication\nfacilities;
\n- right to participate in the procedure and have access to legal\naid: Member States must ensure that all victims, regardless of\ntheir means, have access to legal advice, provided free of charge,\nif need be;
\n- legal costs: Member States shall not require victims to pay any\nlegal costs or shall arrange for the possibility of having such\ncosts refunded;
\n- right to a suitable level of protection for crime victims and\ntheir families or persons in a similar position, particularly\nasregards their safety and protection of their privacy, where there\nis a serious risk of reprisals or firm evidence of intent to\nintrude upon their privacy;
\n- right to compensation under criminal procedure: Member States\nshall ensure that victims have the option of seeking compensation\nin the course of criminal procedure;
\n- dispute settlement through mediation, where deemed\nappropriate;
\n- victims resident in another Member State must be able to\nparticipate properly in the criminal procedure, being placed at a\nminimum of disadvantage as a result of their place of\nresidence;
\n- the role of specialist services and victim support groups;
\n- training for personnel involved in the proicedure or coming into\ncontact with victims.
\n
\n" ], "type": "Legislative proposal", "title": "09650/2000" }, { "url": "http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2000:243:SOM:EN:HTML", "type": "Legislative proposal", "title": "OJ C 243 24.08.2000, p. 0004" } ], "body": "CSL", "type": "Legislative proposal" }, { "date": "2000-07-20T00:00:00", "docs": [ { "url": "http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=9650%2F00&fc=REGAISEN&srm=25&md=100", "text": [ "
\n
PURPOSE: Portuguese initiative regarding the adoption of a\nFramework Decision on the standing of victims in criminal\nprocedure.
\nCONTENT: It was agreed at the Tampere European Council in October\n1999 that minimum standards should be drawn up on the protection of\nthe victims of crimes, in particular on crime victims' access to\njustice and on their right to compensation for damages, including\nlegal costs. In addition, national programmes should be set up to\nfinance measures, public and non-governmental, for assistance to\nand protection of victims.
\nThe guiding principles used in drawing up the draft Framework\nDecision have been to:
\n- focus on addressing the basic issue for citizens of access to\njustice as regards the standing of victims in criminal procedure\nand related matters, as pointed out in the Commission's 14 July\n1999 communication entitled 'Crime victims in the European Union:\nreflections on standards and action';
\n- take an initiative by way of a proposal for a Framework Decision\nas the best form suited to a subject involving per se the need for\napproximation of legislative and regulatory provisions;
\n- find some initial common ground on the type of initiative, the\nneed for it and its scope, as done from january 2000 onwards in\nliaison with Portugal's three successors in the Presidency, the\nCommission, the General Secretariat of the Council and the European\nForum for Victim Support Groups.
\nThe main provisions of the Framework Decision cover:
\n- definitions of 'victim', 'victim support group' and\n'procedure';
\n- respect and recognition: Member States are required to ensure\nthat victims are treated with respect for the dignity of the\nindividual and to recognise the rights and legitimate interests of\nvictims at all stages of procedure. Appropriate measures shall be\ntaken for victims who are particularly vulnerable on account of\ntheir age, their sex or other circumstances;
\n- right to provide information: the right of victims to be heard in\nthe procedure and their right to furnish evidence must be\nsafeguarded by Member States;
\n- right to receive information: victims must have access to\ninformation of relevance for the protection of their interests from\nthe outset;
\n- communication safeguards: Member States are required to take\nnecessary measures to prevent language difficulties, or inadequate\npowers of expression or comprehension, from impeding either\nvictims' direct or indirect understanding of important steps in the\nprocedure or any involvement of victims in such steps, particularly\nthrough the use of appropriate interpreting and communication\nfacilities;
\n- right to participate in the procedure and have access to legal\naid: Member States must ensure that all victims, regardless of\ntheir means, have access to legal advice, provided free of charge,\nif need be;
\n- legal costs: Member States shall not require victims to pay any\nlegal costs or shall arrange for the possibility of having such\ncosts refunded;
\n- right to a suitable level of protection for crime victims and\ntheir families or persons in a similar position, particularly\nasregards their safety and protection of their privacy, where there\nis a serious risk of reprisals or firm evidence of intent to\nintrude upon their privacy;
\n- right to compensation under criminal procedure: Member States\nshall ensure that victims have the option of seeking compensation\nin the course of criminal procedure;
\n- dispute settlement through mediation, where deemed\nappropriate;
\n- victims resident in another Member State must be able to\nparticipate properly in the criminal procedure, being placed at a\nminimum of disadvantage as a result of their place of\nresidence;
\n- the role of specialist services and victim support groups;
\n- training for personnel involved in the proicedure or coming into\ncontact with victims.
\n
\n" ], "type": "Legislative proposal published", "title": "09650/2000" } ], "type": "Legislative proposal published", "body": "EC", "commission": [] }, { "date": "2000-09-04T00:00:00", "body": "EP", "type": "Committee referral announced in Parliament, 1st reading/single reading", "committees": [ { "body": "EP", "responsible": false, "committee": "FEMM", "date": "2000-09-14T00:00:00", "committee_full": "Women's Rights and Equal Opportunities", "rapporteur": [ { "group": "PPE-DE", "name": "SMET Miet" } ] }, { "body": "EP", "responsible": false, "committee": "JURI", "date": "2000-10-17T00:00:00", "committee_full": "Legal Affairs and Internal Market", "rapporteur": [ { "group": "PPE-DE", "name": "LEHNE Klaus-Heiner" } ] }, { "body": "EP", "responsible": true, "committee": "LIBE", "date": "2000-09-14T00:00:00", "committee_full": "Citizens' Freedoms and Rights, Justice and Home Affairs", "rapporteur": [ { "group": "PSE", "name": "CERDEIRA MORTERERO Carmen" } ] } ] }, { "body": "CSL", "meeting_id": "2288", "text": [ "
\n
The Council examined a draft framework on the protection of\nthe victims of crime. During this examination Ministers noted that\ntwo substantive reservations remain, one relating to the conditions\ngoverning the grant of compensation in criminal proceedings, the\nother to constitutional issues which this proposal poses for\ncertain delegations.
\nThe Presidency asked the Permanent Representatives Committee to\ncontinue discussions on the draft framework decision with a view to\nreaching a political agreement as soon as possible.
\n
\n" ], "council": "Justice and Home Affairs (JHA)", "date": "2000-09-28T00:00:00", "type": "Council Meeting" }, { "date": "2000-11-14T00:00:00", "docs": [ { "type": "Committee draft report", "title": "PE294.247" } ], "body": "EP", "type": "Committee draft report" }, { "body": "EP", "committees": [ { "body": "EP", "responsible": false, "committee": "FEMM", "date": "2000-09-14T00:00:00", "committee_full": "Women's Rights and Equal Opportunities", "rapporteur": [ { "group": "PPE-DE", "name": "SMET Miet" } ] }, { "body": "EP", "responsible": false, "committee": "JURI", "date": "2000-10-17T00:00:00", "committee_full": "Legal Affairs and Internal Market", "rapporteur": [ { "group": "PPE-DE", "name": "LEHNE Klaus-Heiner" } ] }, { "body": "EP", "responsible": true, "committee": "LIBE", "date": "2000-09-14T00:00:00", "committee_full": "Citizens' Freedoms and Rights, Justice and Home Affairs", "rapporteur": [ { "group": "PSE", "name": "CERDEIRA MORTERERO Carmen" } ] } ], "docs": [ { "url": "http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2000-0355&language=EN", "type": "Committee report tabled for plenary, 1st reading/single reading", "title": "A5-0355/2000" }, { "url": "http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2001:232:SOM:EN:HTML", "type": "Committee report tabled for plenary, 1st reading/single reading", "title": "OJ C 232 17.08.2001, p. 0007" } ], "text": [ "
\n
The committee adopted the report by Carmen CERDEIRA MORTERERO\n(PES, E) amending the proposal under the consultation procedure. It\nwanted to ensure that victims of crime had easy access to the\njudicial system so that they could receive treatment corresponding\nas closely as possible to their particular situation. It called for\nparticular attention to be paid to groups which were especially\nvulnerable owing to their age, gender or other reasons and urged\nthe Member States to ensure that their authorities should question\nvictims only on such matters as were strictly necessary for the\nproper conduct of the penal procedure. The rights and needs of\nchildren who were victims of crime should be taken into particular\naccount. The committee also wanted information to be available to\nvictims in all the Community languages so that they could be\nprovided with full information even where a crime was committed\noutside their usual country of residence. Victims should be able to\nfind out details of all ways and means open to them to defend their\nrights and interests. In addition, compensation for any damage\nsuffered should if possible be paid by the perpetrator of the\ncrime.
\nThe committee also wanted Member States to take steps to ensure\nthat, in cases where victims might be at risk, they were informed\nof the release of the person arrested or sentenced for the crime\nagainst them and of any other circumstance which might give cause\nfor concern. Similarly, it wanted to ensure that victims were not\nobliged to confront offenders in the premises where legal\nproceedings took place. Lastly, it wanted to delete the provision\nwhereby victims could testify by means of video recordings (as\nopposed to video conferencing), arguing that the right of the\naccused to a fair trial included the right to put questions\ndirectly to witnesses for the prosecution.
\n
\n" ], "date": "2000-11-23T00:00:00", "type": "Committee report tabled for plenary, 1st reading/single reading" }, { "date": "2000-12-11T00:00:00", "body": "EP", "type": "Debate in Parliament" }, { "date": "2000-12-12T00:00:00", "docs": [ { "url": "http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2000-0550", "text": [ "
\n
The European Parliament approved the text drafted by Mrs\nCarmen CERDEIRA MORERERO (PES, E) together with a number of\namendments. (Refer to the previous document for a guideline of the\namendments tabled by the committee responsible and which were\nsubsequently approved by the House).
\n
\n" ], "type": "Decision by Parliament, 1st reading/single reading", "title": "T5-0550/2000" }, { "url": "http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2001:232:SOM:EN:HTML", "type": "Text adopted by Parliament, 1st reading/single reading", "title": "OJ C 232 17.08.2001, p. 0036-0072" } ], "body": "EP", "type": "Text adopted by Parliament, 1st reading/single reading" }, { "date": "2001-03-15T00:00:00", "body": "", "type": "Act adopted by Council after consultation of Parliament" }, { "date": "2001-03-15T00:00:00", "body": "CSL", "type": "Council Meeting", "council": "Justice and Home Affairs (JHA)", "meeting_id": "2337" }, { "date": "2001-03-15T00:00:00", "body": "EP", "type": "End of procedure in Parliament" }, { "date": "2001-03-22T00:00:00", "text": [ "
\n
PURPOSE: to establish provisions on the standing of victims in\ncriminal proceedings.
\nCOMMUNITY MEASURE: Council Framework Decision 2001/220/JHA on the\nstanding of victims in criminal proceedings.
\nThe Council adopted a Framework Decision on the standing of victims\nin criminal proceedings, following an initiative of the Portuguese\nRepublic.
\nThe Framework Decision provides in particular that :
\n- Member States should approximate their laws and regulations to\nthe extent necessary to attain the objective of affording victims\nof crime a high level of protection, irrespective of the Member\nState in which they are present.
\n- Victims' needs should be considered and addressed in a\ncomprehensive, co-ordinated manner, avoiding partial or\ninconsistent solutions which may give rise to secondary\nvictimisation. The provisions of this framework Decision are\ntherefore not confined to attending to the victim's interests under\ncriminal proceedings proper. They also cover certain measures to\nassist victims before or after criminal proceedings, which might\nmitigate the effects of the crime.
\n- Measures to assist victims of crime, and in particular the\nprovisions regarding compensation and mediation do not concern\narrangements under civil procedure.
\n- The rules and practices as regards the standing and main rights\nof victims need to be approximated, with particular regard to the\nright to be treated with respect for their dignity, the right to\nprovide and receive information, the right to understand and be\nunderstood, the right to be protected at the various stages of\nprocedure and the right to have allowance made for the disadvantage\nof living in a different Member State from the one in which the\ncrime was committed.
\nENTRY INTO FORCE: The Framework Decision entered into force on 22\nMarch 2001. The majority of the provisions are required to be\ntransposed into national legislation by 22 March 2002. However, the\nprovisions relating to mediation procedures have to enter into\nforce no later than 22 March 2006. The measures regarding\ncommunication safeguards and specific assistance to the victim\nshall enter into force no later than 22 March 2004. It should also\nbe noted that this Framework Decision also applies to\nGibraltar.
\n
\n" ], "type": "Final act published in Official Journal" }, { "date": "2004-03-03T00:00:00", "docs": [ { "url": "http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2004&nu_doc=0054", "text": [ "
\n
Article 18 of the Council Framework Decision on the standing\nof victims in criminal proceedings requires the Commission, based\non information received from the Member States, to prepare a report\non the implementation of the Framework Decision into national law.\nThe Commission Report is then to be forwarded to the Council for\nfurther consideration and consultation. Based on the contents of\nthe Report the Council will need to evaluate the extent to which\nMember States have adopted the rules necessary to conform to the\nFramework Decision. This Commission Communication is the result of\nthe obligations specified in Article 18.
\nThe Commission laments the late and, in some cases incomplete,\nresponses it received from the Member States - this in spite of the\ndeadline being extended. At the time the Report was drafted only\nten Member States had sent \"relatively\" complete contributions on\nthe implementation of the Framework Decision into national\nlegislation. Denmark sent no contribution. The Commission states\ntherefore that the analysis is fragmentary.
\nWhen evaluating the implementation of the Framework Decision the\nCommission recognises the subtle, yet distinct, difference between\nthe implementation requirements of a Framework Decision and a\nDirective.
\nThe general objective of the Framework Decision is to guarantee\nthat victims throughout the EU have access to a comparable high\nlevel of protection; irrespective of the Member State is which they\nare present. Member States must therefore seek to approximate their\nrules and practices as regards the standing and rights of victims\nwith particular regard to the right to be treated with respect for\ntheir dignity, the right to provide and receive information, the\nright to understand and be understood, the right to be protected at\nthe various stages of procedure and the right to have allowance\nmade for the disadvantage of living in a different Member State\nfrom the one in which the crime was committed.
\nBased on the replies it received from the Member States the\nCommission Communication evaluates step-by-step,\narticle-by-article, the ways in which Member States have sought to\napproximate their rules and provisions to the objectives set out in\nthe Framework Decision.
\nHaving examined in detail, which Member States have implemented\ncorrectly, or otherwise, their obligations under the Framework\nDecision, the Commission, in its overall conclusions, suggests that\nthe evaluation is superficial in nature - thanks in large part to\nthe incomplete responses received. Nevertheless, this superficial\nimpression made it possible to conclude that the correct state of\ntransposal of the Decision is unsatisfactory. At the same time\nhowever, the Commission recognises that in certain Member States,\nsuch as France and Luxembourg, the transposal process is already in\nhand for some of the provisions. For example, France has notified a\nprogramme of fourteen victim-related measures that are to be\ndeveloped over the next five years. In addition, the Commission\naccepts that the nature of the Decision leaves Member States\nconsiderable room for manoeuvre, making it difficult for the\nCommission to assess whether it has been properly transposed or\nnot. In order not to repeat delays inthe following Report the\nCommission invites Member States to ensure a rapid and complete\ntransposal of the Framework Decision and to inform it of this\nimmediately, no later than 15 March 2004 providing a description of\nthe measures taken.
\n
\n" ], "celexid": "CELEX:52004DC0054:EN", "type": "Follow-up document", "title": "COM(2004)0054" } ], "type": "Follow-up document", "body": "EC", "commission": [] }, { "date": "2009-04-20T00:00:00", "docs": [ { "url": "http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=0166", "text": [ "
\n

This report from the Commission is pursuant to\nArticle 18 of the Council Framework Decision of 15 March\n2001 on the standing of victims in criminal proceedings\n(2001/220/JHA).

\n

According to Council Framework Decision 2001/220/JHA\non the standing of victims in criminal proceedings, the Commission\nis required to draw up a report on the implementation measures\ntaken by Member States. The Commission published a first report in\nFebruary 2004 which examined transposition as of 25 March 2003 when\nonly Austria, Belgium, Finland, Germany, Italy, Ireland,\nLuxembourg, Portugal, Spain and Sweden had sent relatively complete\ncontributions on transposition into their national\nlegislation.

\n

This final report takes into account implementation of\nall Articles of the Framework Decision as at 15 February 2008\nin all 27 Member States.

\n

State of transposition:\ndespite Article 18 laying down an obligation for Member States\nto submit implementing legislation to the Commission by\n22 March 2006, in November 2007 only 13 Member States\n(Austria, Denmark, Germany, Spain, Luxembourg, the Netherlands,\nPortugal, Sweden, the UK, the Czech Republic, Hungary, Lithuania\nand Poland) had sent relatively complete contributions. The\nCommission sent reminders to Member States and the final deadline\nwas set at 15 February 2008. This report is based on the\ntransposition situation on 15 February 2008, almost two years\nafter the 22 March 2006 deadline.

\n

Two Member States (Malta and Greece) did not submit\nlegislation and, therefore, the Commission cannot assess whether\nthey have implemented the Framework Decision.

\n

Latvia sent a set of national provisions in Latvian on\n12 December 2007 and further provisions on 6 March 2008\n(after the deadline), without a description of the national\nimplementing measures or explanatory notes. Therefore, the\nCommission cannot assess whether Latvia has fulfilled the\nobligation as set out in Article 18. Other Member States\nsubmitted national provisions that purport to implement the\nFramework Decision, in full or in part. Luxembourg informed the\nCommission that the Bill referred to in the first report has still\nnot become law. It will not be taken into account in the assessment\nof the implementation by Luxembourg. The UK states that it covers\nEngland, Wales, Scotland and Northern Ireland, but the UK sent an\nadditional contribution regarding transposition in Scotland (the\nScottish system is mentioned specifically where it differs from the\ngeneral provisions for the rest of the UK).

\n

No Member State transposed the Framework Decision in a\nsingle piece of national legislation. Member States all relied on\nexisting provisions and many referred to their Code of Criminal\nProcedure for transposition. A few adopted new legislation covering\none or more Articles. Many Member States submitted non-binding\ncodes, Instructions and charters in lieu of legislation. Moreover,\nseveral Member States have covered the provisions piecemeal by\nvirtue of overlap with a variety of existing national provisions or\nnewly adopted national provisions.

\n

Main conclusions of the report: the Commission report concludes that the\nimplementation of this Framework Decision is not\nsatisfactory. The national legislation sent to the Commission\ncontains numerous omissions. Moreover, it largely reflects existing\npractice prior to adoption of the Framework Decision. The aim of\nharmonising legislation in this field has not been achieved owing\nto the wide disparity in national laws. Many provisions have been\nimplemented by way of non-binding guidelines, charters and\nrecommendations. The Commission cannot assess whether these are\nadhered to in practice.

\n

Therefore, the Commission invites Member States to\nconsider this report and to take the opportunity to provide all\nfurther relevant information to the Commission and to the Council\nSecretariat, in order to fulfil their obligations under\nArticle 18 of the Framework Decision. In addition, the\nCommission encourages those Member State that have indicated that\nthey are preparing relevant legislation, to enact and submit these\nnational measures as soon as possible.

\n
\n" ], "celexid": "CELEX:52009DC0166:EN", "type": "Follow-up document", "title": "COM(2009)0166" }, { "url": "http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2009/0476/COM_SEC(2009)0476_EN.pdf", "type": "Follow-up document", "title": "SEC(2009)0476" } ], "type": "Follow-up document", "body": "EC", "commission": [] } ], "votes": [], "committees": [ { "body": "EP", "responsible": false, "committee": "FEMM", "date": "2000-09-14T00:00:00", "committee_full": "Women's Rights and Equal Opportunities", "rapporteur": [ { "group": "PPE-DE", "name": "SMET Miet" } ] }, { "body": "EP", "responsible": false, "committee": "JURI", "date": "2000-10-17T00:00:00", "committee_full": "Legal Affairs and Internal Market", "rapporteur": [ { "group": "PPE-DE", "name": "LEHNE Klaus-Heiner" } ] }, { "body": "EP", "responsible": true, "committee": "LIBE", "date": "2000-09-14T00:00:00", "committee_full": "Citizens' Freedoms and Rights, Justice and Home Affairs", "rapporteur": [ { "group": "PSE", "name": "CERDEIRA MORTERERO Carmen" } ] } ], "links": { "European Commission": { "url": "http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=CNS&DocYear=2000&DocNum=0813", "title": "PreLex" } }, "comeets": [], "meta": { "source": "http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2000/0813(CNS)", "created": "2012-02-09T23:53:58.969000" }, "changes": { "2012-02-09T23:53:59": [ { "data": [ { "date": "2000-04-14T00:00:00", "docs": [ { "url": "http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=7797%2F00&fc=REGAISEN&srm=25&md=100", "text": [ "
\n
This document comprises an explanatory note from the\nPortuguese Republic regarding its initiative for a Framework\nDecision on the standing of victims in criminal procedure.
\nThe proposed Framework Decision has its origins in the provisions\nin the Treaty on European Union relating to an area of freedom,\nsecurity and justice, the Action Plan of the Council and the\nCommission on how best to implement the Treaty's provisions on\nthese aspects, and the Commission's July 1999 Communication\nentitled 'Crime victims in the European Union: reflection on\nstandards and action'.
\nThe guiding principles followed in drawing up the draft Framework\nDecision have been to:
\n- focus on addressing the basic issue for citizens of access to\njustice as regards the standing of victims in criminal procedure\nand related matters;
\n- take an initiative by way of a proposal for a Framework Decision\nas the form best suited to a subject involving per se the need for\napproximation of legislative and regulatory provisions;
\n- find some initial common ground on the type of initiative, the\nneed for it and its scope, as done form January 2000 onwards in\nliaison with Portugal's three successors in the Presidency, the\nCommission, the General Secretariat of the Council and the European\nForum for victim support groups.
\nThe results of the strategy established show that:
\n1) the importance of an integrated approach to the issue of victims\nin the context of access to justice have been pointed out and\nacknowledged, leaving the alternative of putting forward individual\nproposal to resolve problems faced by victims, which would in\nparticular fail to live up to the decisions taken in Tampere;
\n2) in this context, in the course of criminal procedure and\ndirectly related aspects, the proposals put forward are designed to\naddress the points identified as essential to a proper response to\nvictims' needs;
\n3) all the subjects identified by the Commission communication as\nneeding to be addressed have been covered as part of a consistent\napproach to the need for approximation of laws and\nregulations.
\nThe main provisions of the proposal for a Framework Decision deal\nwith:
\n- the treatment of victims with respect and dignity at all levels\nof the criminal procedure, incluing the protection of their privacy\nand safety,
\n- the availability of contact persons in court to assist victims\nand witnesses with matters in relation to the procedure and/or,\ndepending on the jurisdiction, other services available for support\nand advice, bearing in mind also the requisite cooperation of\nvictim support groups and the need for 'procedure' to be broadly\nconstrued,
\n- making it possible for a foreign victim to participate adequately\nin a procedure,
\n- the availablity of court premises, such as separate waiting\nrooms, assuring that a victim or witness does not have to confront\nthe offender more than necessary,
\n- the restitution of stolen property to victims as early as\npossible,
\n- additional research and experiments in victim-offender mediation\nwith evaluation of the particular interests of victims, as well as\npractical arrangements for mediation.
\nThe approach taken to the issue of victims throughout the draft\nArticles stems from the realisation that, in dealing with the\nposition of victims generally in criminal procedure and\nparticularly victims resident in another country, there can be no\ngetting away from the central focus on victims as individuals and\non what they go through in relation to the responses which they\nreceive, in various ways, from various sources, before reporting an\noffence, in the course of procedure and at the enforcement stage\nafter judgment has been given.
\nHence the importance attached in the draft to the involvement of\nvictim support groups, training of personnel coming into contact\nwith victims, networks of contact points, specific aspects of\ncompensation in criminal procedure, without seeking to deal\nexhaustively with this subject, which needs to be covered in full\nseparately, and the use of mediation in procedure.
\n
\n
\n" ], "type": "Document attached to the procedure", "title": "07797/2000" } ], "body": "CSL", "type": "Document attached to the procedure" }, { "date": "2000-07-20T00:00:00", "docs": [ { "url": "http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=9650%2F00&fc=REGAISEN&srm=25&md=100", "text": [ "
\n
PURPOSE: Portuguese initiative regarding the adoption of a\nFramework Decision on the standing of victims in criminal\nprocedure.
\nCONTENT: It was agreed at the Tampere European Council in October\n1999 that minimum standards should be drawn up on the protection of\nthe victims of crimes, in particular on crime victims' access to\njustice and on their right to compensation for damages, including\nlegal costs. In addition, national programmes should be set up to\nfinance measures, public and non-governmental, for assistance to\nand protection of victims.
\nThe guiding principles used in drawing up the draft Framework\nDecision have been to:
\n- focus on addressing the basic issue for citizens of access to\njustice as regards the standing of victims in criminal procedure\nand related matters, as pointed out in the Commission's 14 July\n1999 communication entitled 'Crime victims in the European Union:\nreflections on standards and action';
\n- take an initiative by way of a proposal for a Framework Decision\nas the best form suited to a subject involving per se the need for\napproximation of legislative and regulatory provisions;
\n- find some initial common ground on the type of initiative, the\nneed for it and its scope, as done from january 2000 onwards in\nliaison with Portugal's three successors in the Presidency, the\nCommission, the General Secretariat of the Council and the European\nForum for Victim Support Groups.
\nThe main provisions of the Framework Decision cover:
\n- definitions of 'victim', 'victim support group' and\n'procedure';
\n- respect and recognition: Member States are required to ensure\nthat victims are treated with respect for the dignity of the\nindividual and to recognise the rights and legitimate interests of\nvictims at all stages of procedure. Appropriate measures shall be\ntaken for victims who are particularly vulnerable on account of\ntheir age, their sex or other circumstances;
\n- right to provide information: the right of victims to be heard in\nthe procedure and their right to furnish evidence must be\nsafeguarded by Member States;
\n- right to receive information: victims must have access to\ninformation of relevance for the protection of their interests from\nthe outset;
\n- communication safeguards: Member States are required to take\nnecessary measures to prevent language difficulties, or inadequate\npowers of expression or comprehension, from impeding either\nvictims' direct or indirect understanding of important steps in the\nprocedure or any involvement of victims in such steps, particularly\nthrough the use of appropriate interpreting and communication\nfacilities;
\n- right to participate in the procedure and have access to legal\naid: Member States must ensure that all victims, regardless of\ntheir means, have access to legal advice, provided free of charge,\nif need be;
\n- legal costs: Member States shall not require victims to pay any\nlegal costs or shall arrange for the possibility of having such\ncosts refunded;
\n- right to a suitable level of protection for crime victims and\ntheir families or persons in a similar position, particularly\nasregards their safety and protection of their privacy, where there\nis a serious risk of reprisals or firm evidence of intent to\nintrude upon their privacy;
\n- right to compensation under criminal procedure: Member States\nshall ensure that victims have the option of seeking compensation\nin the course of criminal procedure;
\n- dispute settlement through mediation, where deemed\nappropriate;
\n- victims resident in another Member State must be able to\nparticipate properly in the criminal procedure, being placed at a\nminimum of disadvantage as a result of their place of\nresidence;
\n- the role of specialist services and victim support groups;
\n- training for personnel involved in the proicedure or coming into\ncontact with victims.
\n
\n" ], "type": "Legislative proposal", "title": "09650/2000" }, { "url": "http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2000:243:SOM:EN:HTML", "type": "Legislative proposal", "title": "OJ C 243 24.08.2000, p. 0004" } ], "body": "CSL", "type": "Legislative proposal" }, { "date": "2000-07-20T00:00:00", "docs": [ { "url": "http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=9650%2F00&fc=REGAISEN&srm=25&md=100", "text": [ "
\n
PURPOSE: Portuguese initiative regarding the adoption of a\nFramework Decision on the standing of victims in criminal\nprocedure.
\nCONTENT: It was agreed at the Tampere European Council in October\n1999 that minimum standards should be drawn up on the protection of\nthe victims of crimes, in particular on crime victims' access to\njustice and on their right to compensation for damages, including\nlegal costs. In addition, national programmes should be set up to\nfinance measures, public and non-governmental, for assistance to\nand protection of victims.
\nThe guiding principles used in drawing up the draft Framework\nDecision have been to:
\n- focus on addressing the basic issue for citizens of access to\njustice as regards the standing of victims in criminal procedure\nand related matters, as pointed out in the Commission's 14 July\n1999 communication entitled 'Crime victims in the European Union:\nreflections on standards and action';
\n- take an initiative by way of a proposal for a Framework Decision\nas the best form suited to a subject involving per se the need for\napproximation of legislative and regulatory provisions;
\n- find some initial common ground on the type of initiative, the\nneed for it and its scope, as done from january 2000 onwards in\nliaison with Portugal's three successors in the Presidency, the\nCommission, the General Secretariat of the Council and the European\nForum for Victim Support Groups.
\nThe main provisions of the Framework Decision cover:
\n- definitions of 'victim', 'victim support group' and\n'procedure';
\n- respect and recognition: Member States are required to ensure\nthat victims are treated with respect for the dignity of the\nindividual and to recognise the rights and legitimate interests of\nvictims at all stages of procedure. Appropriate measures shall be\ntaken for victims who are particularly vulnerable on account of\ntheir age, their sex or other circumstances;
\n- right to provide information: the right of victims to be heard in\nthe procedure and their right to furnish evidence must be\nsafeguarded by Member States;
\n- right to receive information: victims must have access to\ninformation of relevance for the protection of their interests from\nthe outset;
\n- communication safeguards: Member States are required to take\nnecessary measures to prevent language difficulties, or inadequate\npowers of expression or comprehension, from impeding either\nvictims' direct or indirect understanding of important steps in the\nprocedure or any involvement of victims in such steps, particularly\nthrough the use of appropriate interpreting and communication\nfacilities;
\n- right to participate in the procedure and have access to legal\naid: Member States must ensure that all victims, regardless of\ntheir means, have access to legal advice, provided free of charge,\nif need be;
\n- legal costs: Member States shall not require victims to pay any\nlegal costs or shall arrange for the possibility of having such\ncosts refunded;
\n- right to a suitable level of protection for crime victims and\ntheir families or persons in a similar position, particularly\nasregards their safety and protection of their privacy, where there\nis a serious risk of reprisals or firm evidence of intent to\nintrude upon their privacy;
\n- right to compensation under criminal procedure: Member States\nshall ensure that victims have the option of seeking compensation\nin the course of criminal procedure;
\n- dispute settlement through mediation, where deemed\nappropriate;
\n- victims resident in another Member State must be able to\nparticipate properly in the criminal procedure, being placed at a\nminimum of disadvantage as a result of their place of\nresidence;
\n- the role of specialist services and victim support groups;
\n- training for personnel involved in the proicedure or coming into\ncontact with victims.
\n
\n" ], "type": "Legislative proposal published", "title": "09650/2000" } ], "type": "Legislative proposal published", "body": "EC", "commission": [] }, { "date": "2000-09-04T00:00:00", "body": "EP", "type": "Committee referral announced in Parliament, 1st reading/single reading", "committees": [ { "body": "EP", "responsible": false, "committee": "FEMM", "date": "2000-09-14T00:00:00", "committee_full": "Women's Rights and Equal Opportunities", "rapporteur": [ { "group": "PPE-DE", "name": "SMET Miet" } ] }, { "body": "EP", "responsible": false, "committee": "JURI", "date": "2000-10-17T00:00:00", "committee_full": "Legal Affairs and Internal Market", "rapporteur": [ { "group": "PPE-DE", "name": "LEHNE Klaus-Heiner" } ] }, { "body": "EP", "responsible": true, "committee": "LIBE", "date": "2000-09-14T00:00:00", "committee_full": "Citizens' Freedoms and Rights, Justice and Home Affairs", "rapporteur": [ { "group": "PSE", "name": "CERDEIRA MORTERERO Carmen" } ] } ] }, { "body": "CSL", "meeting_id": "2288", "text": [ "
\n
The Council examined a draft framework on the protection of\nthe victims of crime. During this examination Ministers noted that\ntwo substantive reservations remain, one relating to the conditions\ngoverning the grant of compensation in criminal proceedings, the\nother to constitutional issues which this proposal poses for\ncertain delegations.
\nThe Presidency asked the Permanent Representatives Committee to\ncontinue discussions on the draft framework decision with a view to\nreaching a political agreement as soon as possible.
\n
\n" ], "council": "Justice and Home Affairs (JHA)", "date": "2000-09-28T00:00:00", "type": "Council Meeting" }, { "date": "2000-11-14T00:00:00", "docs": [ { "type": "Committee draft report", "title": "PE294.247" } ], "body": "EP", "type": "Committee draft report" }, { "body": "EP", "committees": [ { "body": "EP", "responsible": false, "committee": "FEMM", "date": "2000-09-14T00:00:00", "committee_full": "Women's Rights and Equal Opportunities", "rapporteur": [ { "group": "PPE-DE", "name": "SMET Miet" } ] }, { "body": "EP", "responsible": false, "committee": "JURI", "date": "2000-10-17T00:00:00", "committee_full": "Legal Affairs and Internal Market", "rapporteur": [ { "group": "PPE-DE", "name": "LEHNE Klaus-Heiner" } ] }, { "body": "EP", "responsible": true, "committee": "LIBE", "date": "2000-09-14T00:00:00", "committee_full": "Citizens' Freedoms and Rights, Justice and Home Affairs", "rapporteur": [ { "group": "PSE", "name": "CERDEIRA MORTERERO Carmen" } ] } ], "docs": [ { "url": "http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2000-0355&language=EN", "type": "Committee report tabled for plenary, 1st reading/single reading", "title": "A5-0355/2000" }, { "url": "http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2001:232:SOM:EN:HTML", "type": "Committee report tabled for plenary, 1st reading/single reading", "title": "OJ C 232 17.08.2001, p. 0007" } ], "text": [ "
\n
The committee adopted the report by Carmen CERDEIRA MORTERERO\n(PES, E) amending the proposal under the consultation procedure. It\nwanted to ensure that victims of crime had easy access to the\njudicial system so that they could receive treatment corresponding\nas closely as possible to their particular situation. It called for\nparticular attention to be paid to groups which were especially\nvulnerable owing to their age, gender or other reasons and urged\nthe Member States to ensure that their authorities should question\nvictims only on such matters as were strictly necessary for the\nproper conduct of the penal procedure. The rights and needs of\nchildren who were victims of crime should be taken into particular\naccount. The committee also wanted information to be available to\nvictims in all the Community languages so that they could be\nprovided with full information even where a crime was committed\noutside their usual country of residence. Victims should be able to\nfind out details of all ways and means open to them to defend their\nrights and interests. In addition, compensation for any damage\nsuffered should if possible be paid by the perpetrator of the\ncrime.
\nThe committee also wanted Member States to take steps to ensure\nthat, in cases where victims might be at risk, they were informed\nof the release of the person arrested or sentenced for the crime\nagainst them and of any other circumstance which might give cause\nfor concern. Similarly, it wanted to ensure that victims were not\nobliged to confront offenders in the premises where legal\nproceedings took place. Lastly, it wanted to delete the provision\nwhereby victims could testify by means of video recordings (as\nopposed to video conferencing), arguing that the right of the\naccused to a fair trial included the right to put questions\ndirectly to witnesses for the prosecution.
\n
\n" ], "date": "2000-11-23T00:00:00", "type": "Committee report tabled for plenary, 1st reading/single reading" }, { "date": "2000-12-11T00:00:00", "body": "EP", "type": "Debate in Parliament" }, { "date": "2000-12-12T00:00:00", "docs": [ { "url": "http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2000-0550", "text": [ "
\n
The European Parliament approved the text drafted by Mrs\nCarmen CERDEIRA MORERERO (PES, E) together with a number of\namendments. (Refer to the previous document for a guideline of the\namendments tabled by the committee responsible and which were\nsubsequently approved by the House).
\n
\n" ], "type": "Decision by Parliament, 1st reading/single reading", "title": "T5-0550/2000" }, { "url": "http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2001:232:SOM:EN:HTML", "type": "Text adopted by Parliament, 1st reading/single reading", "title": "OJ C 232 17.08.2001, p. 0036-0072" } ], "body": "EP", "type": "Text adopted by Parliament, 1st reading/single reading" }, { "date": "2001-03-15T00:00:00", "body": "", "type": "Act adopted by Council after consultation of Parliament" }, { "date": "2001-03-15T00:00:00", "body": "CSL", "type": "Council Meeting", "council": "Justice and Home Affairs (JHA)", "meeting_id": "2337" }, { "date": "2001-03-15T00:00:00", "body": "EP", "type": "End of procedure in Parliament" }, { "date": "2001-03-22T00:00:00", "text": [ "
\n
PURPOSE: to establish provisions on the standing of victims in\ncriminal proceedings.
\nCOMMUNITY MEASURE: Council Framework Decision 2001/220/JHA on the\nstanding of victims in criminal proceedings.
\nThe Council adopted a Framework Decision on the standing of victims\nin criminal proceedings, following an initiative of the Portuguese\nRepublic.
\nThe Framework Decision provides in particular that :
\n- Member States should approximate their laws and regulations to\nthe extent necessary to attain the objective of affording victims\nof crime a high level of protection, irrespective of the Member\nState in which they are present.
\n- Victims' needs should be considered and addressed in a\ncomprehensive, co-ordinated manner, avoiding partial or\ninconsistent solutions which may give rise to secondary\nvictimisation. The provisions of this framework Decision are\ntherefore not confined to attending to the victim's interests under\ncriminal proceedings proper. They also cover certain measures to\nassist victims before or after criminal proceedings, which might\nmitigate the effects of the crime.
\n- Measures to assist victims of crime, and in particular the\nprovisions regarding compensation and mediation do not concern\narrangements under civil procedure.
\n- The rules and practices as regards the standing and main rights\nof victims need to be approximated, with particular regard to the\nright to be treated with respect for their dignity, the right to\nprovide and receive information, the right to understand and be\nunderstood, the right to be protected at the various stages of\nprocedure and the right to have allowance made for the disadvantage\nof living in a different Member State from the one in which the\ncrime was committed.
\nENTRY INTO FORCE: The Framework Decision entered into force on 22\nMarch 2001. The majority of the provisions are required to be\ntransposed into national legislation by 22 March 2002. However, the\nprovisions relating to mediation procedures have to enter into\nforce no later than 22 March 2006. The measures regarding\ncommunication safeguards and specific assistance to the victim\nshall enter into force no later than 22 March 2004. It should also\nbe noted that this Framework Decision also applies to\nGibraltar.
\n
\n" ], "type": "Final act published in Official Journal" }, { "date": "2004-03-03T00:00:00", "docs": [ { "url": "http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2004&nu_doc=0054", "text": [ "
\n
Article 18 of the Council Framework Decision on the standing\nof victims in criminal proceedings requires the Commission, based\non information received from the Member States, to prepare a report\non the implementation of the Framework Decision into national law.\nThe Commission Report is then to be forwarded to the Council for\nfurther consideration and consultation. Based on the contents of\nthe Report the Council will need to evaluate the extent to which\nMember States have adopted the rules necessary to conform to the\nFramework Decision. This Commission Communication is the result of\nthe obligations specified in Article 18.
\nThe Commission laments the late and, in some cases incomplete,\nresponses it received from the Member States - this in spite of the\ndeadline being extended. At the time the Report was drafted only\nten Member States had sent \"relatively\" complete contributions on\nthe implementation of the Framework Decision into national\nlegislation. Denmark sent no contribution. The Commission states\ntherefore that the analysis is fragmentary.
\nWhen evaluating the implementation of the Framework Decision the\nCommission recognises the subtle, yet distinct, difference between\nthe implementation requirements of a Framework Decision and a\nDirective.
\nThe general objective of the Framework Decision is to guarantee\nthat victims throughout the EU have access to a comparable high\nlevel of protection; irrespective of the Member State is which they\nare present. Member States must therefore seek to approximate their\nrules and practices as regards the standing and rights of victims\nwith particular regard to the right to be treated with respect for\ntheir dignity, the right to provide and receive information, the\nright to understand and be understood, the right to be protected at\nthe various stages of procedure and the right to have allowance\nmade for the disadvantage of living in a different Member State\nfrom the one in which the crime was committed.
\nBased on the replies it received from the Member States the\nCommission Communication evaluates step-by-step,\narticle-by-article, the ways in which Member States have sought to\napproximate their rules and provisions to the objectives set out in\nthe Framework Decision.
\nHaving examined in detail, which Member States have implemented\ncorrectly, or otherwise, their obligations under the Framework\nDecision, the Commission, in its overall conclusions, suggests that\nthe evaluation is superficial in nature - thanks in large part to\nthe incomplete responses received. Nevertheless, this superficial\nimpression made it possible to conclude that the correct state of\ntransposal of the Decision is unsatisfactory. At the same time\nhowever, the Commission recognises that in certain Member States,\nsuch as France and Luxembourg, the transposal process is already in\nhand for some of the provisions. For example, France has notified a\nprogramme of fourteen victim-related measures that are to be\ndeveloped over the next five years. In addition, the Commission\naccepts that the nature of the Decision leaves Member States\nconsiderable room for manoeuvre, making it difficult for the\nCommission to assess whether it has been properly transposed or\nnot. In order not to repeat delays inthe following Report the\nCommission invites Member States to ensure a rapid and complete\ntransposal of the Framework Decision and to inform it of this\nimmediately, no later than 15 March 2004 providing a description of\nthe measures taken.
\n
\n" ], "celexid": "CELEX:52004DC0054:EN", "type": "Follow-up document", "title": "COM(2004)0054" } ], "type": "Follow-up document", "body": "EC", "commission": [] }, { "date": "2009-04-20T00:00:00", "docs": [ { "url": "http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=0166", "text": [ "
\n

This report from the Commission is pursuant to\nArticle 18 of the Council Framework Decision of 15 March\n2001 on the standing of victims in criminal proceedings\n(2001/220/JHA).

\n

According to Council Framework Decision 2001/220/JHA\non the standing of victims in criminal proceedings, the Commission\nis required to draw up a report on the implementation measures\ntaken by Member States. The Commission published a first report in\nFebruary 2004 which examined transposition as of 25 March 2003 when\nonly Austria, Belgium, Finland, Germany, Italy, Ireland,\nLuxembourg, Portugal, Spain and Sweden had sent relatively complete\ncontributions on transposition into their national\nlegislation.

\n

This final report takes into account implementation of\nall Articles of the Framework Decision as at 15 February 2008\nin all 27 Member States.

\n

State of transposition:\ndespite Article 18 laying down an obligation for Member States\nto submit implementing legislation to the Commission by\n22 March 2006, in November 2007 only 13 Member States\n(Austria, Denmark, Germany, Spain, Luxembourg, the Netherlands,\nPortugal, Sweden, the UK, the Czech Republic, Hungary, Lithuania\nand Poland) had sent relatively complete contributions. The\nCommission sent reminders to Member States and the final deadline\nwas set at 15 February 2008. This report is based on the\ntransposition situation on 15 February 2008, almost two years\nafter the 22 March 2006 deadline.

\n

Two Member States (Malta and Greece) did not submit\nlegislation and, therefore, the Commission cannot assess whether\nthey have implemented the Framework Decision.

\n

Latvia sent a set of national provisions in Latvian on\n12 December 2007 and further provisions on 6 March 2008\n(after the deadline), without a description of the national\nimplementing measures or explanatory notes. Therefore, the\nCommission cannot assess whether Latvia has fulfilled the\nobligation as set out in Article 18. Other Member States\nsubmitted national provisions that purport to implement the\nFramework Decision, in full or in part. Luxembourg informed the\nCommission that the Bill referred to in the first report has still\nnot become law. It will not be taken into account in the assessment\nof the implementation by Luxembourg. The UK states that it covers\nEngland, Wales, Scotland and Northern Ireland, but the UK sent an\nadditional contribution regarding transposition in Scotland (the\nScottish system is mentioned specifically where it differs from the\ngeneral provisions for the rest of the UK).

\n

No Member State transposed the Framework Decision in a\nsingle piece of national legislation. Member States all relied on\nexisting provisions and many referred to their Code of Criminal\nProcedure for transposition. A few adopted new legislation covering\none or more Articles. Many Member States submitted non-binding\ncodes, Instructions and charters in lieu of legislation. Moreover,\nseveral Member States have covered the provisions piecemeal by\nvirtue of overlap with a variety of existing national provisions or\nnewly adopted national provisions.

\n

Main conclusions of the report: the Commission report concludes that the\nimplementation of this Framework Decision is not\nsatisfactory. The national legislation sent to the Commission\ncontains numerous omissions. Moreover, it largely reflects existing\npractice prior to adoption of the Framework Decision. The aim of\nharmonising legislation in this field has not been achieved owing\nto the wide disparity in national laws. Many provisions have been\nimplemented by way of non-binding guidelines, charters and\nrecommendations. The Commission cannot assess whether these are\nadhered to in practice.

\n

Therefore, the Commission invites Member States to\nconsider this report and to take the opportunity to provide all\nfurther relevant information to the Commission and to the Council\nSecretariat, in order to fulfil their obligations under\nArticle 18 of the Framework Decision. In addition, the\nCommission encourages those Member State that have indicated that\nthey are preparing relevant legislation, to enact and submit these\nnational measures as soon as possible.

\n
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