On Tuesday 11 July, the European Commission unveiled its proposal to revise the directive on victims’ rights. The aim is to fill the gaps in the text and adopt measures “effectively addressing the evolving needs of our society, developments in technology and in justice”.
The amendments concern the five categories of rights conferred on victims, namely: the right to information, support, protection, access to justice and reparation.
Filling the gaps
On the information front, the Commission’s amendments will require Member States to set up a helpline that can be reached anywhere in the EU on 116 006. They will also have to create accessible websites listing victims’ rights.
Victims, particularly the most vulnerable, must also have access to specialised support services, such as free psychological counselling with no time limit. Minors, for their part, will be able to count on support infrastructures mobilising several specialist assistance services.
In the area of protection, the institution is proposing to harmonise the assessments of victims carried out by the authorities and to include protection orders and placement under police protection in the list of available measures.
In terms of access to justice, the Commission wants victims to be able to participate more actively in the criminal proceedings that concern them. They will thus be able to be accompanied by the person of their choice, benefit from adequate legal assistance and appeal against a court decision affecting their rights.
Finally, with this revision, States will have to pay compensation awarded to a victim directly following legal proceedings, before claiming reimbursement from the offender. An ambitious measure, the Commission stresses, but one that will ensure that victims have rapid and effective access to compensation.
Modernising the directive
The legislation, which came into force in 2012, establishes minimum standards for victims’ rights. However, an evaluation of the 2022 directive shows that the people concerned do not enjoy the same levels of protection, assistance or access to the legal system from one country to another.
The reason: a lack of clarity in the directive (see EUROPE 12981/15). According to a senior Commission official, provisions that were too vague left too much room for manoeuvre to the Member States.
What’s more, “this is an old directive”, she added, with not only digital developments, but also the emergence of notions such as “victim-centred justice”.
From now on, the European Parliament and the Council of the EU will have to examine these proposed amendments and reach a common position.
The proposed revision: https://aeur.eu/f/80x (Original version in French by Hélène Seynaeve)