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Europe Daily Bulletin No. 10137
Contents Publication in full By article 23 / 32
GENERAL NEWS / (eu) eu/jha

Viviane Reding moderates position on protection of victims

Brussels, 10/05/2010 (Agence Europe) - European Justice Commissioner Viviane Reding, who was highly critical of a Spanish Presidency project to put in place a European victim protection order, especially for victims of domestic violence, has finally decided to work with member states. In a letter to Spanish Justice Minister Francisco Caamano Domínguez dated 26 April, the commissioner states her willingness to work on the Spanish project with the aim of producing “a legally sound text covering the criminal law aspects” by June of this year. The project would then be “completed by a Commission proposal covering the civil law elements” thus providing mutual recognition of protection orders to victims with absolute certainty, she added in her letter. Reding is proposing, then, that Commission and member state experts meet in May to discuss the civil law issues, which did not form part of the Spanish project, the Commission says. The commissioner says that the Spanish project, as it is currently being discussed by the Council, is “legally uncertain”, containing, as it does, both criminal and civil law elements. Either the European Commission or the member states can bring forward initiatives on criminal law, whereas civil law is an area of responsibility exclusive to the Commission. The Commission planned to make two proposals in 2011, one on civil law and the other on criminal law. The commissioner, however, has decided to make a conciliatory gesture towards the Spanish Presidency. To understand this change of direction, one has to go back to the outcome of the Justice and Home Affairs Council in Brussels on 23 April (see EUROPE 10125). At that meeting, Reding threatened to go to the Court of Justice if the Spanish project ever saw the light of day. Several delegations supported the Spanish project, nevertheless. Twelve member states backed the Presidency compromise: Belgium, Estonia, Finland, France, Greece, Malta, the Netherlands, Portugal, Romania, Slovakia, Sweden and the United Kingdom. Three others were more qualified in their support: Germany, Hungary and Luxembourg, and the Commission reservations were shared by the Austrians, Bulgarians, Cypriots, Czechs, Latvians, and Slovenians. Reding's shift of position was also certainly influenced by the European Parliament's decision to take things forward, working on the Presidency's proposal (see EUROPE 10132). (B.C./transl.rt)

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