At the end of their fifth meeting of inter-institutional negotiations, and following discussions that have been taking place throughout the year, representatives of the European Parliament and the Council of the EU reached a provisional political agreement on the revision of the 2012 directive on victims’ rights on the evening of Wednesday 10 December.
The agreement enshrines a number of advances, such as the introduction of helplines for victims available throughout the EU via a number - 116 006 - and easier access to information on victims’ rights.
On the reporting of offences (article 5a), Parliament advocated greater access, particularly online, with the possibility of submitting evidence, and greater protection for people whose condition makes them more vulnerable.
The Council, mindful of respecting national competences, defended a more flexible approach. The compromise enshrines the obligation to provide accessible channels, also for people whose freedom is restricted. It makes it clear that irregular migrants should not be deterred from reporting a crime, even though the agreement does not require Member States to provide guarantees preventing the transmission of victims' immigration data to immigration authorities.
With regard to the individual assessment of victims (article 22), MEPs wanted to see an improvement in treatment protocols. The final text confirms the obligation to adapt support, particularly psychological support, to the specific needs identified.
One of the most political issues was the inclusion of sexual and reproductive health services, including emergency contraception, STI screening and, where national legislation permits, access to abortion. Parliament succeeded in retaining this explicit reference (recital 7), which several Member States had initially contested.
With regard to the right to be informed and to request a review of decisions taken in court (Article 10b and Recital 9), the agreement provides that victims will be able to receive this information and, where national law so provides, request a review of certain decisions, in particular those relating to interpretation or protective measures.
With regard to data protection (Article 21), the European Parliament wanted to prohibit access by the alleged perpetrator to the victim’s address.
The final text prohibits the communication to offenders of data enabling them to locate or contact the victim, unless disclosure is essential for the exercise of the rights of the defence.
The agreement will now have to be formally adopted by the two institutions before publication in the Official Journal of the EU.
Link to the ‘four columns’ document: https://aeur.eu/f/jxv (Original version inFrench by Nithya Paquiry)