Protecting Victims’ Rights Through the European Supervision Order?

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1451-1461 | European Forum Insight of 4 November 2020 | (Table of Contents) I. Introduction. - II. Aims of the European supervision order. - III. Victims’ rights in the pre-trial stage. - IV. Protecting victims through the European supervision order? - V. Conclusion. | (Abstract) This Insight analyses the aim of victim protection in the Framework Decision 2009/829/JHA and its limited use-fulness, despite being regarded as one of the main objectives of the recognition and enforcement of judicial deci-sions on supervision measures. After explaining the apparent aims of the Framework Decision, the Insight ad-dresses the victims’ rights in the pre-trial stage according to Directive 2012/29/EU on victims’ rights and Directive 2011/99/EU on the European Protection Order, whose aim is to ensure that victims of crime receive appropriate information, support, and protection. Particular attention is dedicated to the victims’ right to information, which is also instrumental for their right to protection. The analysis shows that victims’ rights do not play a role in the assessment of whether or not to forward the certificate or maintain the supervision measures adopted.

Keywords

• european supervision order
• pre-trial detention
• non-custodial precautionary measures
• mutual recognition
• victim’s rights
• victims’ directive