After several postponements, an inter-institutional negotiation meeting on the revision of the directive on victims’ rights was held late on Wednesday 25 June. Initially scheduled for 4 June, then postponed until 17 June, this fourth trilogue (see EUROPE 13619/3) finally took place a few days before the end of the Polish Presidency of the Council of the EU, which had made this issue a priority in criminal matters.
At the time of writing, we are unable to say whether the discussions have resulted in an agreement between the parties involved.
The trilogue on 17 June was cancelled at the last minute, according to our sources. The rapporteur, Javier Zarzalejos (EPP, Spanish), wanted to conclude the dossier quickly, but the Renew Europe group and several other groups opposed the Council’s proposals, which were deemed unacceptable on a number of points.
In the run-up to the trialogue on 25 June, the Polish Presidency put forward a number of concessions in favour of the MEPs’ position in a note that Agence Europe was able to consult.
It said it was prepared to extend the scope of legal aid (article 13) to costs incurred prior to official recognition of victim status, to propose a compromise on compensation (article 16) and to align with the directive on combating violence against women as regards sexual and reproductive health services (article 9.3.b).
The agenda for the trilogue, according to the document submitted, included two series of discussions: firstly, the technical provisions, in particular the articles on assistance lines, protection in times of crisis, statistical data and gender identity. Then there are the political points, such as articles 9, 13, 16, 21(3) or 10b on the right to review decisions.
Article 5a on the rights of victims in an irregular situation, a subject on which there is a great deal of disagreement, has been dealt with separately.
The European Parliament called for personal data not to be used for migration control purposes, while the Council wanted to retain national prerogatives in terms of cooperation between authorities.
Article 21(3), on the protection of privacy, is also the subject of debate.
While Parliament wishes to prohibit any transmission of information enabling the victim to be identified or located, unless legally obliged to do so, the Council is calling for greater flexibility so as not to undermine the rights of the defence.
At a preparatory meeting on the eve of the trilogue, the shadow rapporteurs discussed the positions to be defended. Mr Zarzalejos was quoted as saying that it was possible to approach the negotiations with “reasonable hope of a compromise”.
However, a group coalition comprising Renew Europe, S&D, The Left and the Greens/EFA called for a fifth trilogue.
Proposed by the European Commission in July 2023 (see EUROPE 13221/17), the revision of the directive focused on victims’ rights in order to close the loopholes in the text and adopt measures that “respond effectively to the changing needs of our society, technology and justice”. (Original version in French by Nithya Paquiry)