Sopot, 20/07/2011 (Agence Europe) - The issue of domestic violence was at the heart of discussions on the second day of the informal Council meeting of European justice ministers in Sopot, near Gdansk (Poland) on Tuesday 19 July. EU plans to provide protection for the victims should “see the light of day before the end of the Polish Presidency of the Council of the European Union”, said Polish Justice Minister Krzystof Kwiatkowski.
“Victims' rights will be ensured everywhere. If victims of domestic violence move to another European country, their rights will go with them”, stated European Justice Commissioner Viviane Reding. On protection of victims, member states all speak with one voice.
It is on sanctions against those guilty that the rub comes. In most member states, domestic violence is seen as a criminal offence. In others, like Germany and Luxembourg, however, it is a civil offence. “In Spain, a violent husband who goes near his wife after being ordered not to do so risks being sent to prison. It Luxembourg, he would face a fine in the civil court”, said a source close to the issue.
It was, then, in the interest of Luxembourg and Germany not to press for harmonisation of legislation. “In the event of a breach of conditions, the accused will be tried under criminal law in those countries where that applies and in the civil court in those states where civil law applies”, said Kwiatowski.
Poland is working for the creation of “European protection warrants” for victims of crime, designed along similar lines to the European arrest warrant. “This will provide the same legal protection in all the countries of the EU, not just where protection was put in place by the local judicial authorities”, Kwiatowski added. (V.W./transl.rt)