Parltrack watcher Feed - /dossier/2000/0813(CNS) changes 2012-02-09T23:53:59 parltrack http://parltrack.euwiki.org/dossier/atom/2000/0813%28CNS%29 2012-02-09T23:53:59 /dossier/2000/0813(CNS)/2012-02-09T23:53:59 2012-02-09T23:53:59 typechange innewoldaddedactivities
  • date
    2000-04-14
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      text
      • This document comprises an explanatory note from the Portuguese Republic regarding its initiative for a Framework Decision on the standing of victims in criminal procedure.
        The proposed Framework Decision has its origins in the provisions in the Treaty on European Union relating to an area of freedom, security and justice, the Action Plan of the Council and the Commission on how best to implement the Treaty's provisions on these aspects, and the Commission's July 1999 Communication entitled 'Crime victims in the European Union: reflection on standards and action'.
        The guiding principles followed in drawing up the draft Framework Decision have been to:
        - focus on addressing the basic issue for citizens of access to justice as regards the standing of victims in criminal procedure and related matters;
        - take an initiative by way of a proposal for a Framework Decision as the form best suited to a subject involving per se the need for approximation of legislative and regulatory provisions;
        - find some initial common ground on the type of initiative, the need for it and its scope, as done form January 2000 onwards in liaison with Portugal's three successors in the Presidency, the Commission, the General Secretariat of the Council and the European Forum for victim support groups.
        The results of the strategy established show that:
        1) the importance of an integrated approach to the issue of victims in the context of access to justice have been pointed out and acknowledged, leaving the alternative of putting forward individual proposal to resolve problems faced by victims, which would in particular fail to live up to the decisions taken in Tampere;
        2) in this context, in the course of criminal procedure and directly related aspects, the proposals put forward are designed to address the points identified as essential to a proper response to victims' needs;
        3) all the subjects identified by the Commission communication as needing to be addressed have been covered as part of a consistent approach to the need for approximation of laws and regulations.
        The main provisions of the proposal for a Framework Decision deal with:
        - the treatment of victims with respect and dignity at all levels of the criminal procedure, incluing the protection of their privacy and safety,
        - the availability of contact persons in court to assist victims and witnesses with matters in relation to the procedure and/or, depending on the jurisdiction, other services available for support and advice, bearing in mind also the requisite cooperation of victim support groups and the need for 'procedure' to be broadly construed,
        - making it possible for a foreign victim to participate adequately in a procedure,
        - the availablity of court premises, such as separate waiting rooms, assuring that a victim or witness does not have to confront the offender more than necessary,
        - the restitution of stolen property to victims as early as possible,
        - additional research and experiments in victim-offender mediation with evaluation of the particular interests of victims, as well as practical arrangements for mediation.
        The approach taken to the issue of victims throughout the draft Articles stems from the realisation that, in dealing with the position of victims generally in criminal procedure and particularly victims resident in another country, there can be no getting away from the central focus on victims as individuals and on what they go through in relation to the responses which they receive, in various ways, from various sources, before reporting an offence, in the course of procedure and at the enforcement stage after judgment has been given.
        Hence the importance attached in the draft to the involvement of victim support groups, training of personnel coming into contact with victims, networks of contact points, specific aspects of compensation in criminal procedure, without seeking to deal exhaustively with this subject, which needs to be covered in full separately, and the use of mediation in procedure.
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    Document attached to the procedure
  • date
    2000-07-20
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      text
      • PURPOSE: Portuguese initiative regarding the adoption of a Framework Decision on the standing of victims in criminal procedure.
        CONTENT: It was agreed at the Tampere European Council in October 1999 that minimum standards should be drawn up on the protection of the victims of crimes, in particular on crime victims' access to justice and on their right to compensation for damages, including legal costs. In addition, national programmes should be set up to finance measures, public and non-governmental, for assistance to and protection of victims.
        The guiding principles used in drawing up the draft Framework Decision have been to:
        - focus on addressing the basic issue for citizens of access to justice as regards the standing of victims in criminal procedure and related matters, as pointed out in the Commission's 14 July 1999 communication entitled 'Crime victims in the European Union: reflections on standards and action';
        - take an initiative by way of a proposal for a Framework Decision as the best form suited to a subject involving per se the need for approximation of legislative and regulatory provisions;
        - find some initial common ground on the type of initiative, the need for it and its scope, as done from january 2000 onwards in liaison with Portugal's three successors in the Presidency, the Commission, the General Secretariat of the Council and the European Forum for Victim Support Groups.
        The main provisions of the Framework Decision cover:
        - definitions of 'victim', 'victim support group' and 'procedure';
        - respect and recognition: Member States are required to ensure that victims are treated with respect for the dignity of the individual and to recognise the rights and legitimate interests of victims at all stages of procedure. Appropriate measures shall be taken for victims who are particularly vulnerable on account of their age, their sex or other circumstances;
        - right to provide information: the right of victims to be heard in the procedure and their right to furnish evidence must be safeguarded by Member States;
        - right to receive information: victims must have access to information of relevance for the protection of their interests from the outset;
        - communication safeguards: Member States are required to take necessary measures to prevent language difficulties, or inadequate powers of expression or comprehension, from impeding either victims' direct or indirect understanding of important steps in the procedure or any involvement of victims in such steps, particularly through the use of appropriate interpreting and communication facilities;
        - right to participate in the procedure and have access to legal aid: Member States must ensure that all victims, regardless of their means, have access to legal advice, provided free of charge, if need be;
        - legal costs: Member States shall not require victims to pay any legal costs or shall arrange for the possibility of having such costs refunded;
        - right to a suitable level of protection for crime victims and their families or persons in a similar position, particularly asregards their safety and protection of their privacy, where there is a serious risk of reprisals or firm evidence of intent to intrude upon their privacy;
        - right to compensation under criminal procedure: Member States shall ensure that victims have the option of seeking compensation in the course of criminal procedure;
        - dispute settlement through mediation, where deemed appropriate;
        - victims resident in another Member State must be able to participate properly in the criminal procedure, being placed at a minimum of disadvantage as a result of their place of residence;
        - the role of specialist services and victim support groups;
        - training for personnel involved in the proicedure or coming into contact with victims.
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      • The Council examined a draft framework on the protection of the victims of crime. During this examination Ministers noted that two substantive reservations remain, one relating to the conditions governing the grant of compensation in criminal proceedings, the other to constitutional issues which this proposal poses for certain delegations.
        The Presidency asked the Permanent Representatives Committee to continue discussions on the draft framework decision with a view to reaching a political agreement as soon as possible.
      council
      Justice and Home Affairs (JHA)
      date
      2000-09-28
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      Council Meeting
    • date
      2000-11-14
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      • The committee adopted the report by Carmen CERDEIRA MORTERERO (PES, E) amending the proposal under the consultation procedure. It wanted to ensure that victims of crime had easy access to the judicial system so that they could receive treatment corresponding as closely as possible to their particular situation. It called for particular attention to be paid to groups which were especially vulnerable owing to their age, gender or other reasons and urged the Member States to ensure that their authorities should question victims only on such matters as were strictly necessary for the proper conduct of the penal procedure. The rights and needs of children who were victims of crime should be taken into particular account. The committee also wanted information to be available to victims in all the Community languages so that they could be provided with full information even where a crime was committed outside their usual country of residence. Victims should be able to find out details of all ways and means open to them to defend their rights and interests. In addition, compensation for any damage suffered should if possible be paid by the perpetrator of the crime.
        The committee also wanted Member States to take steps to ensure that, in cases where victims might be at risk, they were informed of the release of the person arrested or sentenced for the crime against them and of any other circumstance which might give cause for concern. Similarly, it wanted to ensure that victims were not obliged to confront offenders in the premises where legal proceedings took place. Lastly, it wanted to delete the provision whereby victims could testify by means of video recordings (as opposed to video conferencing), arguing that the right of the accused to a fair trial included the right to put questions directly to witnesses for the prosecution.
      date
      2000-11-23
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      • PURPOSE: to establish provisions on the standing of victims in criminal proceedings.
        COMMUNITY MEASURE: Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings.
        The Council adopted a Framework Decision on the standing of victims in criminal proceedings, following an initiative of the Portuguese Republic.
        The Framework Decision provides in particular that :
        - Member States should approximate their laws and regulations to the extent necessary to attain the objective of affording victims of crime a high level of protection, irrespective of the Member State in which they are present.
        - Victims' needs should be considered and addressed in a comprehensive, co-ordinated manner, avoiding partial or inconsistent solutions which may give rise to secondary victimisation. The provisions of this framework Decision are therefore not confined to attending to the victim's interests under criminal proceedings proper. They also cover certain measures to assist victims before or after criminal proceedings, which might mitigate the effects of the crime.
        - Measures to assist victims of crime, and in particular the provisions regarding compensation and mediation do not concern arrangements under civil procedure.
        - The rules and practices as regards the standing and main rights of victims need to be approximated, with particular regard to the right to be treated with respect for their dignity, the right to provide and receive information, the right to understand and be understood, the right to be protected at the various stages of procedure and the right to have allowance made for the disadvantage of living in a different Member State from the one in which the crime was committed.
        ENTRY INTO FORCE: The Framework Decision entered into force on 22 March 2001. The majority of the provisions are required to be transposed into national legislation by 22 March 2002. However, the provisions relating to mediation procedures have to enter into force no later than 22 March 2006. The measures regarding communication safeguards and specific assistance to the victim shall enter into force no later than 22 March 2004. It should also be noted that this Framework Decision also applies to Gibraltar.
      type
      Final act published in Official Journal
    • date
      2004-03-03
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        text
        • Article 18 of the Council Framework Decision on the standing of victims in criminal proceedings requires the Commission, based on information received from the Member States, to prepare a report on the implementation of the Framework Decision into national law. The Commission Report is then to be forwarded to the Council for further consideration and consultation. Based on the contents of the Report the Council will need to evaluate the extent to which Member States have adopted the rules necessary to conform to the Framework Decision. This Commission Communication is the result of the obligations specified in Article 18.
          The Commission laments the late and, in some cases incomplete, responses it received from the Member States - this in spite of the deadline being extended. At the time the Report was drafted only ten Member States had sent "relatively" complete contributions on the implementation of the Framework Decision into national legislation. Denmark sent no contribution. The Commission states therefore that the analysis is fragmentary.
          When evaluating the implementation of the Framework Decision the Commission recognises the subtle, yet distinct, difference between the implementation requirements of a Framework Decision and a Directive.
          The general objective of the Framework Decision is to guarantee that victims throughout the EU have access to a comparable high level of protection; irrespective of the Member State is which they are present. Member States must therefore seek to approximate their rules and practices as regards the standing and rights of victims with particular regard to the right to be treated with respect for their dignity, the right to provide and receive information, the right to understand and be understood, the right to be protected at the various stages of procedure and the right to have allowance made for the disadvantage of living in a different Member State from the one in which the crime was committed.
          Based on the replies it received from the Member States the Commission Communication evaluates step-by-step, article-by-article, the ways in which Member States have sought to approximate their rules and provisions to the objectives set out in the Framework Decision.
          Having examined in detail, which Member States have implemented correctly, or otherwise, their obligations under the Framework Decision, the Commission, in its overall conclusions, suggests that the evaluation is superficial in nature - thanks in large part to the incomplete responses received. Nevertheless, this superficial impression made it possible to conclude that the correct state of transposal of the Decision is unsatisfactory. At the same time however, the Commission recognises that in certain Member States, such as France and Luxembourg, the transposal process is already in hand for some of the provisions. For example, France has notified a programme of fourteen victim-related measures that are to be developed over the next five years. In addition, the Commission accepts that the nature of the Decision leaves Member States considerable room for manoeuvre, making it difficult for the Commission to assess whether it has been properly transposed or not. In order not to repeat delays inthe following Report the Commission invites Member States to ensure a rapid and complete transposal of the Framework Decision and to inform it of this immediately, no later than 15 March 2004 providing a description of the measures taken.
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        COM(2004)0054
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