# EUR-Lex - 52011DC0274 - EN

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# 52011DC0274

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Strengthening victims' rights in the EU COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Strengthening victims' rights in the EU /* COM/2011/0274 final */**

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COMMUNICATION FROM THE COMMISSION TO
THE EUROPEAN PARLIAMENT, THE COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE
COMMITTEE OF THE REGIONS

Strengthening victims' rights in the EU

1.
Why do victims matter?

Crime can affect us all, and every year many millions of people in
the European Union do in fact fall victim to crime. According to Eurostat data,
around 30 million crimes against persons or property are recorded annually
and many crimes are never reported. Crime often affects more than one victim
and those close to the victims also suffer indirectly. This leads to a
qualified estimate that there is likely to be up to 75 million direct victims of
crime every year.[1]

And each year many people become victims of road accidents. More
than 1 million road accidents across the European Union cost as many as
30 700 lives in 2010. Around 31 000 people
are killed each year on the roads, including 850
children under the age of 14, while 250 000 get serious injuries and 1.2
million suffer minor injuries[2].

People in Europe are constantly travelling and moving across
borders, and the risk of becoming a victim is just as great when abroad. Of
an estimated 1.4 billion journeys made by Europeans in 2008, about 90 %
were within the Union[3].
In addition, around 11.3 million Europeans reside permanently outside their
home country, 10% of Europeans have lived and worked abroad during a period of
their lives and 13% have gone abroad for education or training[4].

These numbers show the importance of
ensuring proper, effective action on the rights of those who fall victim to
crime or to road accidents, in their own country or while travelling or living
abroad. This is both a cross-border and a domestic problem that calls for EU
action.

There is also a gender dimension to victims’ rights. Women are particularly
exposed to hidden and unreported forms of violence. The Council of Europe
estimates that 20-25% of European women experience physical acts of violence
at least once during their adult lives, 12-15% find themselves in a relationship
of domestic abuse, and more than 10 % suffer sexual violence[5].

Seeking to consolidate the area of freedom,
security and justice, the Commission has identified as a strategic priority[6] based on the Stockholm Programme and its Action Plan[7] the need for action to strengthen the rights of victims of crime
and to ensure that their need for protection, support and access to justice is
met.

The EU has already acted on the rights of
victims in criminal proceedings[8] and most of the Member States have some level of victim protection
and support in place. However, the role and needs of victims in criminal
proceedings are still generally not sufficiently addressed and the level of
victims’ rights continues to differ significantly across the EU.

That is why the Commission is presenting a
package of proposals to reinforce existing national measures, ensuring that
victims of crime are given non-discriminatory minimum rights across the EU,
irrespective of their nationality or country of residence. This package also
includes a new mutual recognition mechanism to ensure that victims, or
potential victims, who benefit from a protection measure in their Member State
of residence, do not lose this protection when crossing borders. With this
package, the EU will contribute to making crime victims’ needs a central part
of the justice systems, alongside catching and punishing the offenders.

Compensation is one of the basic needs of
victims. However, people in road traffic accidents in another Member State may
face administrative and procedural difficulties when
they seek compensation because of different limitation
and prescription periods. The Commission will address this problem by proposing
to harmonise the rules on limitation periods so that victims do not risk losing
their right to compensation for procedural reasons.

Finally, there is a clear link between
victims’ rights and crime prevention. The Commission has for many years been
taking action aimed at prevention of crime and violence and promotion of road
safety[9].
Prevention work is crucial not only for cutting crime and accidents in the
short and medium term, but also for changing attitudes towards criminal or
reckless conduct that can give positive, long-term and lasting results.

2.
Why do we need new measures for victims at EU level?

· We have come a long way in recognising victims, but more needs to be
done

The notion that victims’ rights should be
accessible on an equal and non-discriminatory basis is nothing new. In 1989, the Court of Justice confirmed that the
provision of compensation, a key need of victims, could not be limited on
grounds of nationality[10].
Since then, the EU has acted to establish general minimum standards for
victims, notably through the 2001 Council Framework Decision[11], as well as targeting specific
groups of victims – victims of trafficking, child sexual
exploitation and abuse, and terrorism[12].
The Commission has also financially supported the work of public agencies and
NGOs working with and for victims, many of which are run by volunteers[13].

However, the implementation of the
standards laid down in the 2001 Council Framework Decision is not satisfactory.[14] The Lisbon Treaty now provides
a clear legal base for the EU to establish minimum rules on the rights of
victims of crime to facilitate mutual recognition of judgments and judicial
decisions. In addition, both the European Parliament and the European Council
have called for action in this area[15].
While building on and complementing existing instruments, the Commission’s
proposals aim to strengthen the legal framework by introducing directly binding
and properly enforceable legal instruments.

· Enhancing trust in the justice system and improving the quality of
justice

One of the European Union’s objectives is
to offer its citizens an area of freedom, security and justice in which their
freedom of movement is ensured. However, without effective EU-wide application
of a minimum level of rights for victims, mutual trust is not possible. This
means that judicial systems should have full faith in each other’s standards of
fairness and justice, and citizens should have confidence that the same level
of minimum rules will be applied when they travel or live abroad.

· Minimum standards must apply in all Member States

Today, most Member States provide some
level of protection and support for victims of crime. However, the role and
needs of victims in criminal proceedings are still not fully addressed in
national judicial systems. Equally, while all Member States have procedures for
claiming compensation following a road traffic accident, the rules vary as to
the limitation periods applicable for making such claims. To address this
problem, Member States need to raise standards on victims’ rights and the EU
must ensure that victims benefit from a level playing field. A certain minimum
level of safeguards and standards that are applied in all Member States will
facilitate judicial cooperation and increase the quality of justice and also
improve people’s confidence in the very notion of ‘justice’.

· Fundamental rights must be respected

The proper treatment of victims corresponds
to a range of fundamental rights as recognised in the Charter of Fundamental
Rights of the European Union (the EU Charter) and the European Convention on
Human Rights (ECHR)[16].
The effective recognition of, and respect for, victims’ rights, in particular
their human dignity, private and family life and property, must thus be
safeguarded whilst also assuring the fundamental rights of others, such as the
accused. The EU’s action will raise the standards of fundamental rights for
everyone affected by criminal proceedings – whether victim, accused or
detainee, whilst ensuring that any limitation of these rights occurs only where
necessary and proportionate.

· Meeting victims' needs contributes to reducing the total cost of
crime

Strengthening the rights of victims has a
positive impact on individual victims and on society as a whole. Meeting
victims' needs before, during and after criminal proceedings can considerably reduce
the overall cost of crime.[17]
This includes tangible costs in the economic and health sector as well as in the
criminal justice system, and intangible costs, such as the victim's pain,
suffering and reduction of quality of life. Victims who are respected,
supported and protected will recover sooner, both physically and emotionally, enabling
them to get back to their normal lives more quickly. This will limit loss of
earnings, absenteism from work as well as the need for further health care.
Well treated victims are also likely to become more actively involved in the
proceedings, which increases the likelihood of successful prosecution and
sentencing, which in turn reduces repeat offending and impunity.

3.
A specific focus on victims of crime – What do they
need?

Many people fall victim to crime in the EU
every year. These victims have a whole range of needs that should be addressed
to help them recover: the need to be recognised and treated with respect
and dignity; to be protected and supported; to have access to justice;
and to get compensation and restoration.

The core objective of the Commission’s
legislative package is to deal with victims’ needs in a comprehensive manner.
Indeed, the Commission’s proposals address the needs of both direct victims of
crime and indirect victims, such as the family members who also suffer from the
consequences of the crime. Immediate family or dependents of direct victims
will therefore, where appropriate, benefit from the support and protection
proposed in this package.

The example below illustrates the poor
treatment a victim can receive, and how it can affect his life, if his
individual needs are not properly addressed during and after reporting of a
crime. In the following sections, we will show how this same story would
unfold – under each category of needs – if the victim and his family received
proper treatment, as a result of implementation of the Commission’s proposals.

Alex was renting a holiday flat abroad with
his family when one night there was a break-in. When he tried to stop the
attackers, they physically assaulted him in front of his family. He reported
the crime to the local police but since he could not make himself understood,
he could not give all the details about the assault. During the weeks that
followed, he didn’t receive much information about the case, and he felt
growing frustration as they were routinely questioned several times by
different police officers. Even his children were repeatedly questioned, which
was very upsetting for them.

When Alex came back home, he needed several
operations for his injuries and could not work for several weeks. He did not
hear anything from the police until one day he was told to appear and testify
at the trial, taking  place abroad, of two suspects. The trial was difficult
because nobody explained the foreign court proceedings and he felt intimidated
by having to face the accused outside the court room.

After the trial was over, Alex didn’t hear
anything more about the case or what happened to the accused. But for many
years after the attack, he and his family lived with the emotional, physical
and financial consequences of the crime. Despite it happening in another place
and in another country, they never felt safe any more, even in their own home[18].

3.1.        Recognition and respectful
treatment

Human dignity of individuals is a
fundamental right at the heart of our notion of a just society and the
foundation for proper treatment of victims. Individuals who have suffered from
crime therefore expect to be recognised as victims, to have their suffering
acknowledged and to be treated in a sensitive and professional manner. It
should be understood that victims are individuals and their needs should be
recognised. However, professionals around Europe who are in regular contact
with crime victims often lack training on these needs or how to identify them
through an individual needs assessment.

Alex was attacked in front of his family
while on holiday abroad. When he reported the crime, the police arranged an
interpreter so he could explain what had happened in detail. The police put him
in touch with a victim support organisation and informed him about his rights
and entitlement to compensation. In the weeks that followed, a contact person
from the police kept him up to date with the investigation.

3.2.        Protection

Victims can suffer during criminal
proceedings due to the way the system operates. To avoid harm caused by
inadequate proceedings, such as repeated and insensitive interviewing, it is
important to ensure protection of victims throughout criminal investigations
and court proceedings. This protection is essential for particularly vulnerable
victims, such as children.

Even after a crime, victims are vulnerable
to further harm, intimidation or reprisals from the offender. Around 40% of
reported crimes are repeat crimes against the same victim within a year[19]. Ensuring that protection
measures are available can be crucial for preventing further incidents. In
addition, due to increased mobility in the EU, more victims are moving or
travelling abroad. However, any protection they enjoy may be lost when they
cross borders. To protect people who exercise their right to free movement, the
Commission is proposing for the first time the mutual recognition of protection
measures.

When Alex reported the assault, the police asked
him about any possible needs for protection or assistance during proceedings.
During the criminal investigation that followed, the questioning of Alex and
his wife was kept to a minimum and was always conducted by the same police
officer, and his children were only interviewed once by a specialised officer
to avoid any risk of harm. When the case went to court, Alex was called to give
evidence. He felt reassured when he entered the court as he could wait in a
separate room for victims to avoid facing the perpetrators outside the court
room.

3.3.        Support

Crime can have a devastating and
debilitating effect on victims, who may be traumatised or unable to cope with
practical issues as a consequence of the crime. If the crime is reported, the
victim will need to negotiate their way through the complexities of the legal
system. Appropriate and timely support is therefore essential to help victims
overcome emotional, practical, administrative and legal obstacles and to
recover. Despite the work done by existing victim support services, such
assistance is currently not always easily accessible.

The police put Alex in touch with a victim
support organisation. They gave him and his family emotional support on how to
cope with the crime. They also gave him practical help, such as getting medical
treatment and sorting out paperwork. The victim support organisation told him
about the criminal proceedings and his rights and role during the process. He
was given the contact details of a victim support organisation in his home
country, which he contacted regularly even after the case was closed. Their
support allowed him and his family to turn the corner and get on with their
lives.

3.4.        Access to justice

Victims have a legitimate interest in
seeing that justice is done. They should be given effective access to justice,
which can be an important element in their recovery. Information for victims on
their rights and on key dates and decisions is an essential aspect of
participating in the proceedings, and it should be given
in a way that victims understand. Victims should also
be able to attend the trial and follow their case through. As a matter of fact,
victims across the EU do not always get access to these basic elements of
justice.

The police eventually contacted Alex to say
that two men had been arrested and charged with the crime. He was also informed
about the time and place of the trial and was told he would need to give
evidence in court. During the trial, he was helped by an interpreter to
understand the questions and other parts of the proceedings.

3.5.        Compensation and
restoration

Persons who have suffered harm because of the
acts of others often expect to get some form of financial compensation, whether
from the State or the offender. Compensation aims at repairing immediate and
longer-term financial damage. It may also act as a form of acknowledgement
through a symbolic payment.

Restorative justice, which is a relatively
new concept in criminal proceedings, goes beyond purely financial compensation
to focus on the recovery of the victim. As an alternative to, or in combination
with formal justice, it aims to restore victims to the position they had before
the crime by giving them, if they so wish, an opportunity to confront their
offenders face to face and for the offenders to take responsibility for their
acts.

Alex was able to contact a compensation
authority in his home country and fill in the necessary documents in his own
language before sending them to the country where the attack took place. The
money helped him pay for the extra costs incurred following the attack,
including surgery.

4.
Specific categories of victims

· Victims of terrorism

Victims of terrorism, perhaps uniquely
amongst victims, have suffered attacks that are intended ultimately to harm
society. They largely have the same needs for protection and assistance as victims
of any other serious violent criminal acts. Such needs must be met and those
victims, and their families, must be supported in similar ways.[20] Due to the nature of the
attack, however, terrorism victims can be under much greater public scrutiny
and often have a much greater need for social recognition and respectful
treatment by everyone, whether practitioners, the media or individuals. These
victims will benefit from the emphasis on recognition and respectful treatment
in the Commission’s proposals.

· Victims of road traffic accidents

Victims of road traffic accidents often do
not feel that their status as a victim is sufficiently recognised by society.
Road accident investigations by their nature seek initially to determine the causes and circumstances of an
accident rather than focusing on victims’ needs.
However, the victims of such events naturally want to see that the incident is
properly investigated and, where a crime has been committed, see that justice
is done. Those involved in such cases clearly need to be trained to understand
and recognise these needs.

Victims of road accidents may have the
right to claim compensation for damages. In the case of cross-border road
accidents, one problem that victims often face is that the time limits for
applying for compensation vary widely across the EU and victims may not know
which country's rules should apply. This can result in victims receiving no
compensation at all due to particularly short limitation or prescription
periods in the Member State where the accident occurred. Such victims will
benefit from a revision of existing EU legislation on conflict of laws[21], allowing them to rely on the limitation periods of their home country.

· Particularly vulnerable victims

Some victims are more vulnerable than
others to the risk of suffering further harm during criminal proceedings, and
their special need for protection and support must be met. In line with
existing international and national approaches, the Commission is therefore for
the first time identifying both categories of vulnerable victims and mechanisms
to identify other people at risk, based on individual needs assessments.

The categories of vulnerable victims are
children, persons with disabilities and victims of sexual violence and human
trafficking. In addition, victims can be vulnerable for other reasons related
to their personal characteristics (e.g. high level of fear and distress,
risk of intimidation or repeated violence, or being in a personal, social or
economic situation that makes it difficult for the victim to cope with the
consequences of the crime or to understand the judicial proceedings) and/or the
type and nature of the crime (e.g. terrorism, organised crime, bias crime
or gender-based violence). For instance, victims of organised crime are
particularly vulnerable to intimidation and repeated violence by the
perpetrators and may need special measures for protection.

The approach
taken by the Commission corresponds to the provisions of the proposed new directive on sexual abuse and sexual exploitation of
children and child pornography and the new directive on trafficking in
human beings[22].
Both of these measures address the specific needs of those vulnerable victims.

Children
have the fundamental right, under the EU Charter and the UN Convention on the
Rights of the Child, and as recognised in the Treaty on European Union, to have
their best interests taken into account in all national and international laws
and policies, including the judicial process. Because of their vulnerability,
the Commission is actively promoting a ‘child-friendly justice’ approach
towards children involved in criminal proceedings[23]. For children, a criminal
investigation is likely to be a traumatic process, especially if they have been
victims of abuse, and special measures should be available to protect them.

Victims of sexual violence – the vast majority being women – require protection from further
violence, and specialised support and assistance to overcome the multiple
consequences of such violence and to rebuild their lives. Due to the shame and
guilt involved in suffering such crimes, and the victim’s often close
relationship with the perpetrator, these victims are particularly reluctant to report
the crime. Victims of sexual violence particularly need medical and
psychological assistance, including an immediate forensic examination, so
reporting the crime should therefore not be a condition for accessing such
services.

Ensuring the safety and protection of
individuals who are exposed to repeated violence by the same perpetrator
is of utmost importance. To prevent and limit the risk of further harm,
protection is crucial and should include the possibility to impose a barring,
restraining or protection order on the perpetrator to avoid further contact
with the victim. Such protection should be transferable to another EU Member
State if the victim moves or travels there.

In addition to ensuring that victims will
have access to adequate support and protection, it is important to prevent
violence from happening in the first place. Women are particularly exposed to
different forms of physical, sexual and psychological violence, especially within
their families and in close relationships. The Commission will therefore continue
to act to prevent and combat violence against women in Europe and to support
and protect victims and groups at risk[24].

5.
The Commission’s response – Time for Action

The Commission
is proposing the following package of legislative instruments to respond to the
needs described above and to ensure that victims in Europe receive a minimum
level of rights, protection, support, access to justice and restoration. The
Commission will propose:

· A Directive establishing minimum standards on the rights, support and protection of victims of crime, replacing the 2001 Framework Decision. The Directive will ensure that victims are treated with respect and that the special needs of vulnerable victims are properly addressed. It will also ensure that victims receive the support they need, that they can participate in proceedings and receive and understand relevant information, and that they are protected throughout criminal investigations and court proceedings. · A Regulation on mutual recognition of protection measures in civil matters, which will help preventing harm and violence and ensure that victims (of domestic violence, for example) who benefit from a protection measure taken in one Member State are provided with the same level of protection in other Member States should they move or travel there. Such protection should be awarded without the victim having to go through additional procedures. This measure complements the proposal for a Directive of the European Parliament and of the Council on the European Protection Order[25] initiated by a group of Member States in September 2009, which is currently being discussed in the European Parliament and Council.

This legislative package is a first step towards
putting victims at the heart of the criminal justice agenda of the EU. Looking
to the future, for the next phase of action on victims’ rights the Commission will
review Directive 2004/80/EC on compensation of crime victims and Regulation
"Rome II" (to address the question of the law applicable to limitation
periods for cross-border traffic accidents). Further studies and action on
victims will also be carried out, in particular in
relation to specific categories of victims such as victims of terrorism,
organised crime and gender-based violence, including
female genital mutilation, with a view to improving the situation of such
victims.

In addition to and in parallel with these
actions, the Commission will implement a range of flanking measures that will
be crucial to ensuring that victims obtain effective rights in practice, and
not necessarily only when involved in criminal proceedings. This will include
training and capacity building, exchange of good practices, prevention of crime
and violence (such as raising awareness and providing information), data
collection and research. We will also continue to give
financial support under existing financing programmes
to promote issues relevant to victims’ rights and needs.

All these efforts will lend further substance
to the achievements already made at national and EU level. They will allow the
EU to make victims’ rights and needs a central part of securing justice. The EU
should ensure that victims are properly recognised and that their rights are
respected without any form of discrimination throughout the EU.

[1]                      Eurostat,
Statistics in focus, 36/2009; estimates based on analysis of the EU
International Crime Survey in ‘The Burden of Crime in the EU’
(www.europeansafetyobservatory.eu) and assuming the rate of unreported crime
being 60 %, and victims having on average 3 close family members.
These statistics do not include minor offences.

[2]               European Commission CARE database.

[3]               COM(2010) 352, based on Eurostat, Tourism Statistics
2008.

[4]               Eurostat, Statistics in Focus 94/2009; Eurobarometer
337/2010.

[5]           Council
of Europe, Stocktaking study on violence against women, 2006.

[6]               COM(2010) 623.

[7]               OJ C 115, 4.5.2010, p. 1; COM(2010)
171.

[8]               Council Framework Decision 2001/220/JHA on the
standing of victims in criminal proceedings; Council Directive 2004/80/EC relating to compensation
to crime victims.

[9]               E.g. programmes Daphne III; Prevention, Preparedness and Consequence management of
Terrorism and other Security-related risks; Prevention of and the fight against
Crime; European Road Safety Action Programme 2011–2020.

[10]             Case 186/87 - Ian William
Cowan v Trésor public, judgment of 2 February 1989.

[11]             See footnote 8.

[12]             Directive
2011/36/EU of the European Parliament and of the Council of 5 April 2011
on preventing and combating trafficking in human beings and protecting its victims,
and replacing Council Framework Decision 2002/629/JHA; proposal
for a Directive on combating the sexual abuse, sexual exploitation of children
and child pornography, repealing Framework Decision 2004/68/JHA; Framework Decision 2002/475/JHA on combating terrorism.

[13]             Over 20 000 volunteers work for victim support
organisations in Europe (Victim Support Europe 2010).

[14]             Commission’s implementation report - COM(2009) 166.

[15]             EP Resolution of
7 May 2009 on the development of an EU criminal justice
area (INI/2009/2012); Stockholm Programme
(OJ C 115, 4.5.2010, p. 1).

[16]             Key rights are: human dignity,
the right to life, integrity of the person, liberty and security, respect for
private and family life, protection of personal data, right to property,
freedom of movement and residence, equality before the law, the rights of the
child and of the elderly, integration of persons with disabilities and right to
an effective remedy.

[17]             See Commission Staff
Working Paper, SEC(2011)580, p. 14.

[18]             Fictitious story based on real problems.

[19]             2000 International Crime Victims Survey.

[20]             As recognised in Art. 10 of Framework Decision 2002/475/JHA on combating terrorism.

[21]             Regulation (EC) No 864/2007 on
the law applicable to non-contractual obligations (Rome II).

[22]             See footnote 12.

[23]             Commission Communication ‘An EU agenda for children’s
rights’ - COM(2011) 60.

[24]             See Declaration 19 annexed to the Final Act of the IGC
which adopted the Treaty of Lisbon (OJ C 83, 30.3.2010, p. 345).

[25]             OJ C 69, 18.3.2010, p. 5.