Artikel: The Status of the Victim in European Union Criminal Law

EU criminal law has been a fast-developing area of law over the last decade. Its developments have spurred controversy as well as enthusiasm. It has been observed that its primary focus has been on procedural mechanisms to facilitate cooperation, such as the principle of mutual recognition or the principle of availability (respectively, within judicial and police cooperation in criminal matters) rather than on guarantees for individual rights. In order to support and strengthen the interaction between judicial and police authorities across the EU, Art. 82 (2) of the Treaty on the Functioning of the European Union (TFEU) confers upon the European Parliament and the Council the power to approximate Member States’ procedural rules by establishing minimum rules. The matter is rather delicate as criminal law is one of the core attributes of state sovereignty. It is not surprising that the same provision includes guarantees that take into account the differences between the European traditions. In this context, one of the aspects that deserve particular attention is the role and legal position of victims of crime. Their rights are explicitly mentioned by Art. 82 (2) TFEU as one of the areas where minimum approximation shall be pursued. Although it may at first sight look like a marginal procedural issue, the way of dealing with victims of crime reflects a variety of theoretical approaches on how crime, punishment, and the relationship between the individual and the state are being conceived.

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• The Status of the Victim in European Union Criminal Law door M. Fichera in eucrim