28.6.2011   

EN

Official Journal of the European Union

C 187/1

(1)

The active protection of victims of crime is a high priority for the European Union and its Member States. In the European Union, the Charter of Fundamental Rights (the ‘Charter’) and the Convention for the Protection of Human Rights and Fundamental Freedoms (the ‘Convention’), to which all Member States are parties, calls on States to actively protect victims of crime.

(2)

The European Union has successfully established an area of freedom of movement and residence, from which citizens benefit by increasingly travelling, studying and working in countries other than that of their residence. However, the removal of internal borders and the increasing exercise of the rights to freedom of movement and residence have led as an inevitable consequence to an increase in the number of people who become victims of a criminal offence and become involved in criminal proceedings in a Member State other than that of their residence.

(3)

This calls for specific action in order to establish a common minimum standard of protection of victims of crime and their rights in criminal proceedings throughout the Union. Such action, which may include legislation as well as other measures, will enhance citizens’ confidence that the European Union and its Member States will protect and guarantee their rights.

(4)

In the Stockholm programme — An open and secure Europe serving the citizen (1), the European Council stressed the importance to provide special support and legal protection to those who are most vulnerable or find themselves in particularly exposed situations, such as persons subjected to repeated violence in close relationships, victims of gender-based violence, or persons who fall victim to other types of crimes in a Member State of which they are not nationals or residents. In line with the Council conclusions on a strategy to ensure fulfilment of the rights of, and improve support for, persons who fall victims of crime (2), the European Council has urged to take an integrated and coordinated approach to victims. As a step in responding to the Stockholm programme, the European Commission has proposed a package of measures on victims of crime including a Directive on the rights, support and protection of victims of crime (3) as well as a Regulation on the mutual recognition of protection measures in civil matters (4).

(5)

In the light of the considerable progress made pursuant to the Roadmap for strengthening procedural rights of the suspected or accused persons in criminal proceedings (5), the Council considers that a similar approach should be adopted in the field of the protection of the victims of crime.

(6)

Action in this field is specifically contemplated as part of the process to implement the principle of mutual recognition as founding principle of the creation of a true area of freedom, security and justice: indeed, Article 82(2)(c) TFEU provides that the Union may, by means of directives, establish minimum rules on the rights of victims of crime when necessary to facilitate mutual recognition of judgements and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension.

(7)

The question of the role of victims in criminal proceedings has been already addressed at the level of the Union through Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings. However, more than 10 years have passed since the approval of that instrument, and the progress made in the creation of the area of freedom, security and justice, as well as the remaining issues of implementation in the area of victims’ rights, require that the Union review and enhance the contents of the Framework Decision, also in the light of the Commission's findings with respect to the implementation and application of the instrument (6).

(8)

Existing mechanisms to ensure that crime victims may be awarded fair and appropriate compensation for the damages suffered, such as that provided for by Council Directive 2004/80/EC of 29 April 2004 relating to crime victims, should also be reviewed and if necessary improved, in order to enhance their operability and contributing to complementing the instruments for the protection of victims.

(9)

In addition, a mechanism should be created to ensure mutual recognition among Member States of decisions concerning protection measures, along the lines drawn by the Commission proposal for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters. This mechanism should complete the one envisaged by the Directive of the European Parliament and of the Council on the European protection order, concerning mutual recognition of protection measures adopted in criminal matters, currently under discussion. The provisions set out in both proposals should not establish obligations to modify national systems for protection measures, but leave it to the Member States to decide according to which system they may issue or execute protection measures.

(10)

Bearing in mind the importance and complexity of these issues, it seems appropriate to address them in a step-by-step approach, whilst ensuring overall consistency balance. By addressing future actions, one area at a time, focused attention can be paid to each individual measure, so as to enable problems to be identified and addressed in a way that will give added value to each measure.

(11)

Particular attention should be given to the process of implementation of legislative instruments in this field. Practical measures and best practices could be gathered in a non-binding legal instrument, such as a recommendation, in order to help and inspire Member States in the process of implementation.

(12)

In addressing the necessary measures for enhancing the protection of victims, due account should be taken of the principles such as those contained in Recommendation Rec(2006)8 of the Committee of Ministers of the Council of Europe on assistance to crime victims. The Union should especially take into account the standards set out in the Council of Europe Convention on preventing and combating violence against women and domestic violence adopted by the Committee of Ministers of the Council of Europe on 7 April 2011.

(13)

The list of measures in the Annex to this document should be considered indicative, addressing only a first group of measures to be dealt with as a matter of priority. Further measures, both legislative and non-legislative, as well as practical measures may be proposed in the future if deemed appropriate, also in the light of the on-going process of approval and implementation of the legal acts contemplated in this Roadmap,

1.

Action should be taken at the level of the European Union in order to strengthen the rights and protection of victims of crime, in particular in the course of criminal proceedings. Such action may include legislation as well as other measures.

2.

The Council welcomes the European Commission’s proposal for a package of measures on victims of crime, and invites the Commission to submit proposals regarding the measures set out in the Roadmap.

3.

The Council endorses the ‘Roadmap for strengthening the rights and protection of victims of crime’ (hereinafter referred to as ‘the Roadmap’), set out in the Annex to this Resolution, as the basis for future action. The measures included in the Roadmap, which could be complemented by other measures, should be given priority.

4.

The Council will examine all proposals presented in the context of the Roadmap and intends to deal with them as matters of priority.

5.

The Council will act in full cooperation with the European Parliament, in accordance with the applicable rules.