Victims

Objectives

The very nature of a criminal act leaves a victim vulnerable and often in need of assistance. They can be involved, for the very first time, in the criminal justice system and may have to speak to police officers, lawyers and judges and ultimately go to court. Victims can find the process confusing and overwhelming, particularly when they are abroad.

The EU therefore acts to ensure that victims:

• are recognised and treated with respect and dignity;
• are protected from further victimisation and intimidation from the offender and further distress when they take part in the criminal justice process;
• receive appropriate support throughout proceedings and have access to justice;
• have appropriate access to compensation.

Victims must be able to benefit from this minimum level of rights without discrimination across the EU, irrespective of their nationality or country of residence and whether a minor or serious crime is involved, whether they have reported the crime and whether they are the victim or a family member.

Achievements

Victims' rights have been strengthened through the adoption of EU legislation both in relation to all victims and in relation to specific groups of victims.

General minimum standards to address the rights and needs of victims in criminal proceedings have been established through a Council Framework Decision on the standing of victims in criminal proceedings [111 KB] from 2001. A Directive relating to compensation to crime victims [104 KB] from 2004 provides that victims can apply for state compensation when they have fallen victims to crime abroad, and receive assistance to do so. EU legislation further establishes protection and support for victims of human trafficking, child victims of sexual exploitation and child pornography and victims of terrorism.

The Stockholm Programme [1 MB] (2010-2014) states that an integrated and co-ordinated approach to victims is needed and calls on the Commission and EU countries to examine how to improve legislation in this area.

Thus, to reinforce existing national and EU measures on victims' rights, the Commission adopted on 18 May 2011 a package of legislative proposal which includes:

• a Communication presenting the Commission's current and future action in relation to victims [59 KB] ;
• a Directive establishing minimum standards on the rights, protection and support of victims of crime [144 KB] (replacing the 2001 Framework Decision), which will ensure that victims are recognised, treated with respect and receive proper protection, support and access to justice;
• a Regulation on mutual recognition pf protection measures in civil matters [126 KB] , which will help preventing harm and violence and ensure that victims who benefit from a protection measure taken in one EU country are provided with the same level of protection in other EU countries should they move or travel there. This measure complements the Directive on the European Protection Order [944 KB] [906 KB] which applies to protection orders adopted under criminal procedures.

In addition to legislative action, the Commission has funded hundreds of projects aimed at supporting victims of crime through funding programmes in the fields of criminal justice, violence against women and children (Daphne), fundamental rights and citizenship.

Next steps

This legislative package on victims' rights is a first step towards putting victims at the heart of the criminal justice agenda of the EU. For the next phase of action on victims' rights the, Commission will review the legal framework on compensation of crime victims and address the question of the law applicable to limitation periods for cross-border traffic accidents.

The Commission will also further study and implement practical measures related to victims with to ensure that victims obtain effective rights in practice.