Opinion of the Advocate General — ECLI:EU:C:2008:403
Date: 2008-07-10
Language of the case: Hungarian
Based on: Treaty on European Union (1992)
Subject matter: Justice and home affairs
Procedure: Reference for a preliminary ruling
Origin: Hungary

Summary of the Judgment European Union – Police and judicial cooperation in criminal matters – Standing of victims in criminal proceedings – Framework Decision 2001/220 (Council Framework Decision 2001/220, Arts 2 and 3) Framework Decision 2001/220 on the standing of victims in criminal proceedings, while requiring Member States, first, to ensure that victims enjoy a high level of protection and have a real and appropriate role in their criminal legal system and, second, to recognise victims’ rights and legitimate interests and ensure that they can be heard and supply evidence, leaves to the national authorities a large measure of discretion with regard to the specific means by which they implement those objectives. Thus, Articles 2 and 3 of that Framework Decision are to be interpreted as not obliging a national court to permit the victim to be heard as a witness in criminal proceedings instituted by a substitute private prosecution. However, in the absence of such a possibility, it must be possible for the victim to be permitted to give testimony which can be taken into account as evidence. (see paras 46, 50, operative part)