news
The Effect of Article 10 of the EU Framework Decision on the Standing of Victims
Document Actions
In 2001, the European Union adopted the Framework Decision on the Standing of Victims in Criminal Proceedings with article 10 calling Member States to promote the use of mediation in response to criminal offences. This article by Vera van der Does summarizes her Master’s thesis research into the impact of this EU level legislation. A link to her complete thesis is provided.
Article 10 of the Framework Decision on the Standing of Victims in Criminal Proceedings, adopted in 20011, provides:
My research explored the thesis that the European Union considers restorative justice and victim-offender mediation to fall within its area of competence. Consequently, the European Union (EU) will continue working on these issues, possibly developing more legislative instruments.
To test this theory, I did a wide-ranging literature review covering the development of restorative justice (RJ) and victim offender mediation (VOM). This was followed by a qualitative questionnaire sent to 24 of the 25 EU Member States; I received 17 responses.
The specific aim of the questionnaire was to obtain an overview of the past, current and possible future status and situation regarding VOM. This would allow evaluation of the effect of article 10 before the expiration of the “deadline” in March 2006. How did the obligations deriving from article 10 affect VOM and (the existing) legislation within the respective Member States?
The questionnaire’s second objective was to ascertain the various opinions and perspectives of EU governments. Is there an open climate towards the use of VOM? How do governments perceive a possible role for the EU in the field of VOM. Do they envisage a need for international support of some kind?
This qualitative research included several informal interviews with the official working with the European Commission that has the task of coordinating the evaluation of the transposal of the Framework Decision. He, amongst others, worked on the first Commission evaluation report presented in February 20042.
Further, I had the opportunity to speak to experts in this field at various meetings and conferences, such as the General Meeting of the European Forum for Restorative Justice and the Final AGIS Seminar. I further found contact persons to fill out the research questionnaire for the countries that were not, at that time, included in the research.
The data confirm the great significance and effect of article 10 on a European level. The article formed, and continues to form, a very important stimulus for national governments to develop VOM programmes as well as legislative instruments.
However it appears that article 10 had little direct effect at national level. At present, a great majority of the Member States use RJ and VOM alongside or within in the criminal justice system, although in various ways and with different legislation. The Framework Decision might not be able to substantially contribute to harmonisation of these laws (as regards VOM), and as such will not fully meet the objective of article 10.
The effectiveness of article 10 in influencing support for and implementation of VOM at the national level could have been largely increased if the EU institutions had placed more importance on the process of legitimate consultation and preparation. In evaluating the effectiveness of Article 10 at the national level, the focus should be placed on compliance. Concentrating on the creation of national legislative instruments might overlook great developments and initiatives taking place at the local level without legislative support.
Concerning the future of RJ and VOM, the study found that further changes are needed to provide equality and clarity as regards the standing of victims and offenders in criminal proceedings and their access to justice throughout the Union. Therefore I foresee a further legislative role for the EU.
1 Framework Decision on the Standing of Victims in Criminal Proceedings of 15 March 2001, 2001/220/JHA.
2 Report from the Commission on the basis of Article 18 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings, Brussels, 16.02.2004, COM(2004)54 final/2.
Read the thesis
Vera van der Does
March 2007
Penal mediation in the course of criminal proceedings reads:
1. Each Member State shall seek to promote mediation in criminal cases for offences which it
considers appropriate for this sort of measure.
2. Each Member State shall ensure that any agreement between the victim and the offender
reached in the course of such mediation in criminal cases can be taken into account.
My research explored the thesis that the European Union considers restorative justice and victim-offender mediation to fall within its area of competence. Consequently, the European Union (EU) will continue working on these issues, possibly developing more legislative instruments.
To test this theory, I did a wide-ranging literature review covering the development of restorative justice (RJ) and victim offender mediation (VOM). This was followed by a qualitative questionnaire sent to 24 of the 25 EU Member States; I received 17 responses.
The specific aim of the questionnaire was to obtain an overview of the past, current and possible future status and situation regarding VOM. This would allow evaluation of the effect of article 10 before the expiration of the “deadline” in March 2006. How did the obligations deriving from article 10 affect VOM and (the existing) legislation within the respective Member States?
The questionnaire’s second objective was to ascertain the various opinions and perspectives of EU governments. Is there an open climate towards the use of VOM? How do governments perceive a possible role for the EU in the field of VOM. Do they envisage a need for international support of some kind?
This qualitative research included several informal interviews with the official working with the European Commission that has the task of coordinating the evaluation of the transposal of the Framework Decision. He, amongst others, worked on the first Commission evaluation report presented in February 20042.
Further, I had the opportunity to speak to experts in this field at various meetings and conferences, such as the General Meeting of the European Forum for Restorative Justice and the Final AGIS Seminar. I further found contact persons to fill out the research questionnaire for the countries that were not, at that time, included in the research.
The data confirm the great significance and effect of article 10 on a European level. The article formed, and continues to form, a very important stimulus for national governments to develop VOM programmes as well as legislative instruments.
However it appears that article 10 had little direct effect at national level. At present, a great majority of the Member States use RJ and VOM alongside or within in the criminal justice system, although in various ways and with different legislation. The Framework Decision might not be able to substantially contribute to harmonisation of these laws (as regards VOM), and as such will not fully meet the objective of article 10.
The effectiveness of article 10 in influencing support for and implementation of VOM at the national level could have been largely increased if the EU institutions had placed more importance on the process of legitimate consultation and preparation. In evaluating the effectiveness of Article 10 at the national level, the focus should be placed on compliance. Concentrating on the creation of national legislative instruments might overlook great developments and initiatives taking place at the local level without legislative support.
Concerning the future of RJ and VOM, the study found that further changes are needed to provide equality and clarity as regards the standing of victims and offenders in criminal proceedings and their access to justice throughout the Union. Therefore I foresee a further legislative role for the EU.
1 Framework Decision on the Standing of Victims in Criminal Proceedings of 15 March 2001, 2001/220/JHA.
2 Report from the Commission on the basis of Article 18 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings, Brussels, 16.02.2004, COM(2004)54 final/2.
Read the thesis
Vera van der Does
March 2007
Last modified 2007-02-28 09:03
