EN Official Journal of the European Union C 113/56

Opinion of the Committee of the Regions on ‘legislative package on victims' rights’

2012/C 113/11

THE COMMITTEE OF THE REGIONS

— supports the idea of improving the situation and rights of crime victims. This is an important element of implementing the Stockholm programme and action plan to build a genuine area of freedom, rights and security in Europe, which in turn is a key element of European integration and an objective of the EU;

— welcomes the fact that local authorities and regions are being involved in these efforts. They have a crucial role in providing many of the services and structures to support victims of crime, and the proposed minimum standards at EU level will inevitably continue to have an impact at local and regional level after the adoption of the Commission's package on victims' rights;

— stresses that the legislative package on victims' rights proposed by the Commission will have an important impact at local and regional level, notably with regard to its financial consequences;

— considers it important that solutions must be found to balance the rights of victims while guaranteeing the presumption of innocence in criminal proceedings as well as the individual rights of suspects and condemned criminals;

— suggests that the EU should play a more active role in coordinating tasks among the Member States.

Rapporteur Per Bødker ANDERSEN (DK/PES), Deputy Mayor of Kolding and Member of the Town Council Reference documents Commission Communication Strengthening victims' rights in the EU COM(2011) 274 final Proposal for a Directive of the European Parliament and of the Council on establishing minimum standards on the rights, support and protection of victims of crime COM(2011) 275 final Proposal for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters COM(2011) 276 final

I. OVERARCHING POLICY CONSIDERATIONS

THE COMMITTEE OF THE REGIONS

1. supports the idea of improving the situation and rights of crime victims. This is an important element of implementing the Stockholm programme and action plan to build a genuine area of freedom, rights and security in Europe, which in turn is a key element of European integration and an objective of the EU as set out in Article 3(2) TEU. The proposals on improved protection apply particularly to especially vulnerable victims, mainly children;

2. notes in this context that the development of common minimum standards within the area of freedom, security and justice, adds to building a cohesive European Union and therefore urges all Member States to participate in these policies for the benefit of all citizens;

3. welcomes the fact that local authorities and regions are being involved in these efforts. They have a crucial role in providing many of the services and structures to support victims of crime, and the proposed minimum standards at EU level will inevitably continue to have an impact on the local and regional level after the adoption of the Commission's package on victims' rights;

4. is convinced that a high level of protection of victims is important in order to minimise the overall impact of crime, by helping victims to overcome the physical and/or psychological impact of the crime;

5. points out that rules on the rights of victims have various consequences of a social, criminological but also a financial nature, for which balanced solutions need to be found. When improving the situation of victims, a series of economic aspects in particular at the local and regional level must be considered, along with aspects relating to legal certainty;

6. recalls that regulating the rights of victims can have an impact on the status of suspects or defendants. The Committee considers that solutions should be sought that, whilst focusing on the interests of the victim, do not jeopardise the legal protection of suspects or the accused. Respect for the human dignity of suspected and accused persons – even where a very serious crime is involved – is a key element of the rule of law, which is one of the founding principles of European integration and a prerequisite for sustainable, robust solutions, even for victims. This includes the presumption of innocence unless and until proven guilty, and the right to due process. Unless the rights of suspected or accused persons are protected, the creation of an area of freedom, security and justice in the EU will not be possible. With this in mind, the Committee of the Regions points out that the duty to ensure such a balance also extends to local and regional elected representatives;

7. welcomes the fact that the Commission's package on victims' rights is essentially a set of minimum rules that establishes a minimum level of rights, but leaves open the possibility to each Member State to go beyond these standards. The Committee would like to recall that under no circumstances these EU standards should weaken the rights of victims in any Member State. Balanced solutions must be sought in each national and regional context which is appropriate to their specificities, culture and traditions. This is in line with Article 82(2) TFEU which states that the differences between Member States' legal systems and traditions must be taken into consideration and it reflects the subsidiarity and proportionality principles set out in Article 5(3) of the EU Treaty;

8. reiterates that the need for balanced solutions includes the requirement to differentiate victim support and procedural rights according to the severity and significance of the problem to be solved. Protecting the rights of victims is a very broad field that encompasses different kinds of criminality and a number of diverse measures of a legal, social, economic, medical and psychological nature. The Committee of the Regions calls for tailored solutions that consistently take account of the proportionality principle so that there is a sensible relationship between problem and solution;

II. THE SIGNIFICANCE OF THE PACKAGE ON VICTIMS' RIGHTS FOR THE LOCAL AND REGIONAL LEVEL

9. stresses that the legislative package on victims' rights proposed by the Commission will have an important impact on the local and regional level, notably with regard to its financial consequences. This is not only true of the regions in the EU Member States with federal structures, but also for the local level because in many cases it is the municipal police and other municipal authorities who are the first point of contact for victims of crime. Moreover, it will often be local authorities that have to look after particularly vulnerable victims such as children, minors and people with disabilities. Therefore the Committee of the Regions points out that adequate financial solutions need to be found in the different national contexts, in order to ensure that the protection of victims can be improved in line with the proposals, and local and regional authorities are enabled to meet their obligations;

10. highlights the crucial importance of efforts to strengthen the cooperation between various authorities across borders with the aim to improve the protection of victims. Such cooperation schemes, in which local and regional authorities naturally play a key role, should be strengthened both vertically (relations between local/regional authorities and national authorities) and horizontally (relations between different regional and/or local authorities). These structures are especially important when criminal proceedings have cross-border aspects and a victim is resident in another EU Member State. In this context, the Committee of the Regions regrets that the provisions for the coordination of cooperation efforts contained in Article 25 of the draft directive have not changed since the 2001 and are addressed exclusively to the Member States;

11. believes that local and regional authorities already have wide-ranging experience and expertise in connection with support and care for victims of crime. Drawing on and exchanging this expertise – including during the legislative phase – could help achieve the objectives the Commission has set and should therefore be supported;

III. CONCRETE PROPOSALS

12. suggests that the role of regions, cities and towns in connection with the package on victims' rights be addressed more directly. If the EU legislator believes that regional and local authorities also have an important role to play, this should be stated more clearly, for example in the recitals of the draft directive (see Amendment No 2);

13. calls for thought to be given to how and/or whether the expertise of regional and local authorities can feed in to the efforts to improve support and care for victims of crime. Such efforts should in any case go hand in hand with greater emphasis on training for police officers, social workers and other professional groups at local level, who are often the first point of contact for victims;

14. considers it important that solutions must be found to balance the rights of victims while guaranteeing the presumption of innocence in criminal proceedings as well as the individual rights of suspects and condemned criminals. Therefore suggests that this be explicitly mentioned in recital 7 of the proposed directive (see Amendment No 1);

15. considers that regions, cities and towns should be involved in the search for possible means of enhanced cross-border cooperation between different countries' local and regional authorities. The designation of points of contact for regions and/or municipalities as a frame of reference for information about the respective activities of different entities is crucial in this respect;

16. suggests that the EU should play a more active role in coordinating tasks among the Member States – including at local and regional level. This could happen, for example, through the establishment of a mechanism for coordination at EU level that would be tasked with promoting cooperation between different Member States' local authorities, through both general studies and the coordination of specific procedures, for example by facilitating contact between the competent local and regional authorities in other Member States. This structure could also create and manage a best-practice data base as proposed by the CoR in its opinion on the Stockholm programme action plan (1);

17. consideration should also be given to appropriate means which would enable victims themselves to have access to practical information and support at EU level. An EU telephone helpline for victims could probably improve the situation of victims of crimes committed abroad – not just while they are abroad and need help and support of various kinds, but also once they have returned home and are in contact with the authorities of the country in which the crime was committed;

18. would also like to draw attention to the significant experience and relevant expertise of private and other stakeholders in this field. The CoR therefore calls for not only natural persons but also legal persons and non-governmental victim protection and victim support associations at national and regional/local level to be involved in the efforts to improve the situation of victims. This could happen through coordination efforts at EU-level for experience analysis involving various private and other stakeholders who could contribute to the improvements for cooperation;

19. considers it particularly important that the need for support and care of children and minors in connection with crimes is taken into account. It believes that the minimum requirements for assistance to children and minors who have been the victims of a crime should be included as unambiguously as possible in EU legislation and should not be limited to general statements of intent;

20. underlines that criminological and victimological knowledge about children and minors as victims of crime is developing and new insights should be taken into account in the drafting and updating of EU legislation. In particular, scientific evidence suggests that an approach which is more sensitive to the different stages of development of children and their corresponding needs than that chosen by the European Commission, would be advisable (2). Solutions that are more tailored to age and type of crime could pave the way for stricter, more targeted minimum rules for special categories of victim, e.g. special support for young children or for children or minors who have been the victims of particularly serious crimes;

21. points out that the definition of victims in Article 2 of the proposed directive is very broad. Any natural person, who is exposed to any crime – even petty offences – is considered a victim according to the directive. This broadly-worded definition gives even the victims of minor offences access to a range of procedural rights set out in the directive. This could prove rather expensive and it is questionable whether such an inclusive rule represents a balanced, appropriate solution for the situation of victims;

22. recalls in this context that there have also been other areas of European legislation in the area of justice and home affairs where the practical application of the instruments for comprehensive cooperation has proved much more expensive than originally planned because of a lack of sound criteria for differentiation: for example, in the most recent evaluations of the European Arrest Warrant, the Commission has warned against the use of the Arrest Warrant in cases involving minor offences because the instrument has been used excessively by some Member States;

23. therefore recommends that the Commission considers a more differentiated approach tailored to the problems faced and calls for appropriate limits to be placed on victims' rights so that proportionality between the rights of victims and the severity of the crime is ensured. The CoR therefore suggests including a general proportionality principle in the directive so as to ensure that the victims of minor offences are excluded from certain of its parts.

IV. RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Recital 7

Text proposed by the Commission CoR amendment — This Directive respects the fundamental rights and observes the principles which are recognised in particular by the Charter of Fundamental Rights of the European Union. — This Directive respects the fundamental rights – – and observes the principles which are recognised in particular by the Charter of Fundamental Rights of the European Union.

Reason

The presumption of innocence and the respect for the fundamental rights of all are key achievements of the European rule of law and should therefore be made explicit in the context of the protection of victims rights.

Amendment 2

New Recital 24a)

Text proposed by the Commission CoR amendment —

Reason

The key role of local and regional authorities both as service providers and channels of information should be recognised explicitly in the recitals of the draft directive.

Amendment 3

New Recital 25 a)

Text proposed by the Commission CoR amendment —

Reason

There have been areas of European legislation in the area of justice and home affairs where the practical application of the instruments for comprehensive cooperation has proved much more expensive than originally planned. The broadly-worded definition of victims in the proposed directive gives even the victims of minor offences access to a range of procedural rights set out in the directive. It is questionable whether such an inclusive rule represents a balanced, appropriate solution for the situation of victims.

Amendment 4

Article 25

Text proposed by the Commission CoR amendment Cooperation and coordination of services 1. Member States shall cooperate to facilitate more effective protection of victims' rights and interests in criminal proceedings, whether in the form of networks, directly linked to the judicial system or by means of links between organisations which provide support to victims, including through the support of European networks dealing with victims' matters. 2. Member States shall ensure that those authorities working with or providing support to victims work together to ensure a coordinated response to victims and to minimise the negative impact of the crime, the risks of secondary and repeat victimisation and the burden on the victim due to interactions between the victim and criminal justice agencies. Cooperation and coordination of services 1. Member States, , shall cooperate to facilitate more effective protection of victims' rights and interests in criminal proceedings, whether in the form of networks, directly linked to the judicial system or by means of links between organisations which provide support to victims, including through the support of European networks dealing with victims' matters. 2. Member States shall ensure that those authorities working with or providing support to victims work together to ensure a coordinated response to victims and to minimise the negative impact of the crime, the risks of secondary and repeat victimisation and the burden on the victim due to interactions between the victim and criminal justice agencies.

Reason

Local and regional authorities play an important role in facilitating victims’ rights. Therefore, cooperation between various authorities should be strengthened both vertically (relations between local/regional authorities and national authorities) and horizontally (relations between different regional and/or local authorities). These structures are especially important when criminal proceedings have cross-border aspects and a victim is resident in another EU Member State.

Brussels, 16 February 2012. The President of the Committee of the Regions Mercedes BRESSO

(1) Opinion of the Committee of the Regions Delivering an area of freedom, security and justice for Europe's citizens – action plan implementing the Stockholm programme, 87th plenary session of CoR, 1 and 2 December 2010, by rapporteur Holger Poppenhäger (DE/PES), Minister of Justice of the Free State of Thuringia.

(2) See "Protecting children and preventing their victimization From policy to action, From drafting legislation to Practical Implementation" af Dr Ezzat A. Fattah Professor Emeritus School of Criminology Simon Fraser University, Burnaby, Canada. "Key-note Speech" held at "Children in the Union – Rights and Empowerment, (CURE Hotel Sheraton, Stockholm, Sweden), 3-4 December 2009 – A conference of the Swedish Presidency of the European Union on child victims in the criminal justice procedure".