Why do we need concrete measures for victims at EU level? A view from the coalface
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Why do we need concrete measures for victims at EU level? A view from the coalface Carmen Rasquete · Ana Ferreira · Frederico Moyano Marques
Published online: 1 April 2014 © ERA 2014
Abstract Every year, 75 million people—constituting approximately 15 % of the entire EU population—become direct victims of crime in the European Union (Commission Staff Working Paper Impact Assessment, COM (2011) 274 final). These numbers are so enormous that it is difficult even to picture what they really mean, and how devastating that reality is. These numbers should by themselves inspire the need for change. Victims of crime remain outside the core of the judicial systems of most of EU Member States. The triangular relationship between the offender, the state and the victim of the criminal offence is still a two-way path, with the victim regarded as a secondary player. A shift in this paradigm is urgently needed and the Directive of the European Parliament and the Council establishing minimum standards on the rights, support and protection of victims of crime is a step towards a harmonised acceptance of this vision. Efforts have been made in this direction over time. Yet, in the wake of numerous new laws, a greater effort to promote cooperation, and even a considerably more proactive approach by the European Commission, there is still a long way to go. The difference in the treatment accorded to victims in various different Member States is appalling. For instance, access to justice continues to differ immensely between different EU countries. Vindicating the right to information remains one of the most challenging battles any victim has to endure. The protection accorded is not yet sufficient and the rights and needs of victims have not ceased to be disregarded over and over again.
This article is based on a presentation given at Annual Conference on EU Criminal Justice 2013, organised by ERA on 10–11 October 2013 in Trier.
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C. Rasquete ( ) · A. Ferreira · F. Moyano Marques Portuguese Association for Victim Support (APAV), Lisbon, Portugal e-mail: [email protected]
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C. Rasquete et al.
Keywords Victim of crime · Victims’ Rights · Victim support organisations · EU Member States
1 Introduction Legislation is one of the keys to advancing victims’ rights in the EU Member States. Nevertheless, it is just one of the first steps towards this goal. The objective of this article is to present a view from the coalface. It is important, in doing so, to highlight particular issues that cannot be disregarded in discussing the transposition of EU legislation, especially insofar as concerns the new Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime.1
2 Welcoming the Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime The European Commission initiative to make the rights of victims a priority was warmly welcomed. The realisation of such a pressing ne
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