Annexes to COM(2023)424 - Amendment of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime

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dossier COM(2023)424 - Amendment of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime.
document COM(2023)424 EN
date July 12, 2023
Annex 1 of the impact assessment.

27Victims’ Rights Directive 2012/29/EU – European Implementation Assessment. PE 611.022, December 2017, https://www.europarl.europa.eu/RegData/etudes/STUD/2017/611022/EPRS_STU(2017)611022_EN.pdf.

28Criminal procedural laws across the European Union – a comparative analysis of selected main differences and the impact they have over the development of EU legislation. PE 604.977, August 2018, https://www.europarl.europa.eu/RegData/etudes/STUD/2018/604977/IPOL_STU(2018)604977_EN.pdf

29European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (2016/2328 (INI)).

30https://commission.europa.eu/system/files/2022-12/Final%20opinion%202022_SBGR3_07%20Revision%20of%20the%20victims%20rights%20acquis_rev.pdf.

31Judgment of the Court of Justice 5Grand Chamber) of 8 July 2019 in Case C-534/17 European Commission v Kingdom of Belgium.

32FRA Survey on Crime, Safety and Victims’ Rights, February 2021.

33For example, in several Member States (including Bulgaria, Portugal, Romania and Slovakia), the written information provided by authorities is a copy of the national provisions on victims’ rights.

34Set up under Commission Decision of 30 November 2009 amending Decision 2007/116/EC as regards the introduction of additional reserved numbers beginning with ‘116’. The application of reserved numbers is not mandatory but recommended. Certain conditions must be fulfilled to use the numbers. For victims, the 116 006 helpline must provide information about victims’ rights, refer callers to police and other services (if needed) and provide counselling.

35The best examples include: the Irish helpline, the Estonian helpline, the Croatian helpline, the Latvian helpline, the Swedish helpline.

36COM/2022/212 final, 11.5.2022.

37About half the stakeholders consider that victims with specific needs do not receive enough support.

38During the consultations, many problems related to video recordings of children for evidence, child-friendly participation in trials, individual approaches for the most vulnerable children were reported in several Member States, including BE, BG, DE, EL, LT and PT.

39 COM/2021/142 final, 24.3.2021.

40About Barnahus - Barnahus -as a child-friendly office, under one roof, where law enforcement, criminal justice, child protective services, and medical and mental health workers cooperate and assess together the situation of the child and decide upon ;the follow-up.

41AT, CY, CZ, DE, EE, IE, LT, LV, MT, NL, PT, SI.

42The psychological consequences of crime can include anxiety, depression, guilt, shame, self-destructive behaviour and the inability to act or think rationally, see Psychological Reactions of Victims of Violent Crime, Cambridge University Press, 2018.

43Good practices exist. For instance, in Ireland, V-Sac provides victim support at court by trained volunteers to over a thousand victims every year.

44At least in eight Member States – CY, EE, EL, FR, IE, MT, NL, RO.

45In 13 Member States, victims do not have adequate legal remedies to challenge decisions that concern them directly (BE, DE, FR, HU, IE, LT, LU, LV, MT, NL, RO, SE, SK). This is mostly related to the lack of legal standing as a party to the proceeding.

46Most stakeholders consulted believe that victims’ right to get compensation from the offender is ineffective and should be strengthened.

47See, in particular, the practice of judges in CZ, SK, and AU.

48Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims requires that Member States provide access to compensation to victims of violent and intentional crime, including in cross-border cases. The conditions for such access to compensation are left to national procedures.

49See the impact assessment accompanying the Commission proposal on the digitalisation of justice (SWD(2021) 392 final).

50Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services.

51Recommendation of the Committee of Ministers to Member States of the Council of Europe on rights, services and support for victims of crime CM/Rec(2023)2 adopted on 15 March 2023.

52OJ C , , p. .

53OJ C , , p. .

54Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

55Commission Staff Working Document, Evaluation of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 (SWD/2022/0179 final).

56Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).

57Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).

58Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 6.8.2004, p. 15).

59OJ L 23, 27.1.2010, p. 37.

60Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

61Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).

62Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

63[OP: Footnote once available]

64Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’;

65Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’

66Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

67Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

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