1. Developments in relation to EU Directive on Victims of Crime and EU Proposal for a Regulation on Mutual Recognition of Protective Measures

 

Developments in relation to EU Directive on Victims of Crime and EU Proposal for a Regulation on Mutual Recognition of Protective Measures

 

EU Directive on Victims of Crime


The Minister for Justice, Equality and Defence, Mr Alan Shatter, T.D. has secured the Government’s agreement to seek the approval of both Houses of the Oireachtas to opt in to the draft EU Directive establishing minimum standards on the rights, support and protection of victims of crime, which was published by the European Commission on 18th May 2011.
The purpose of the draft EU Directive is to:
• ensure that victims of crime receive appropriate protection and support;
• create a broader concept of what constitutes a victim of crime that encompasses the family of victims who have died as a result of a criminal act;
• ensure that victims receive sufficient information in a form that they can understand, including interpretation and translation where necessary, to enable them to participate as fully as possible in the criminal justice process;
• ensure that victims of crime are recognised and treated in a respectful, sensitive and professional manner in contacts with any public authority, victim support or restorative justice service.
Opting in to the Victims Directive will allow Ireland to play a full role in the negotiation of the Directive over the next eighteen months.

EU Proposal for a Regulation on Mutual Recognition of Protective Measures


The Minister for Justice, Equality and Defence, Mr Alan Shatter, T.D. has also secured the Government’s agreement to seek the approval of both Houses of the Oireachtas to opt in to the EU proposal for a Regulation on Mutual Recognition of Protective Measures (COM(2011)276), published by the European Commission on 18th May 2011.
The purpose of the proposed Regulation is to ensure that where a person is at risk in a member state and is given legal protection by the courts in that member state, the protective measure is recognised when the person travels to another member state. Such protective measures include, in particular, the types of protection afforded in Ireland to victims of domestic violence who obtain either a safety or barring order.
Opting in means that Irish citizens and residents who have been subjected to or at serious risk of domestic violence can benefit from continued legal protection if they travel to another member state. Likewise, people travelling here from another member state can be confident that the Gardaí are empowered to act on foot of protective measures obtained in other member states.