72 Amendments of Lucia ĎURIŠ NICHOLSONOVÁ related to 2023/0250(COD)
Amendment 85 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to provide victims with seamless and modern means of exercising their rights, the Member States should make it possible for victims to communicate electronically with national competent authorities. Victims should enjoy the possibility of using electronic tools to receive information about their rights and about their case, report crimes, submit evidence, at least in cases concerning offences committed online, and to otherwise communicate with competent authorities and with support services through easy-to-use and safe communication and information technologies. Victims should be able to choose the method of communication, and the Member States should provide for such communication and information technologies as an alternative to the standard methods of communication, without however replacing them completely.
Amendment 89 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. The helplines should be operated by adequately trained and qualified staff in line with existing standards of quality support to ensure high level of professional service. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 , such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
Amendment 94 #
Proposal for a directive
Recital 6
Recital 6
(6) Crime reporting in the Union should be improved to fight impunity, avoid repeated victimisation and ensure safer societies. It is necessary to fight public insensitivity towards crime, by encouraging people who witness the crime to report crimes and assist victims and by creating safer environments for victims to report crime. At the same time it is of utmost importance to improve the possibilities to report a crime for people living in closed settings, such as children, elderly people, people with disabilities, persons in psychiatric or rehabilitation facilities, correctional institutions as well as prisoners or detainees, including young offenders' institutions, where they have little chance of informing the competent authorities or third parties on their situation. Member States should therefore ensure that a facilitated reporting of crimes is put in place in such institutions, for example through a proactive system of monitoring and outreach through unannounced visits by independent authorities. For victims who are irregular migrants in the Union, safe environment to report crime means reducing fear of return procedures being launched as a result of contacts with law enforcement authorities. The personal data of victims who are irregular migrants in the Union should not be transferred to the competent migration authorities at least until the completion of the first individual assessment as referred to in Article 22 of Directive 2012/29/EU. Reporting the crime and participating in criminal proceeding under Directive 2012/29/EU do not create any rights regarding the residence status of the victim, neither have any suspensive effect when determining their residence status. All vulnerable victims, such as child victims or victims in detention, who are in a situation of intimidation, or are otherwise dependent from the offender or whose mobility is limited should be able to report crime in conditions that take into account their particular situation and in line with protocols specifically set up for this purpose.
Amendment 100 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In all Member States more effective ways should be developed for reaching victims of crimes that go unreported. The scale of the problem of unreported crime is by nature difficult to assess but is likely to be considerable, especially in relation to less public types of crime, such as domestic violence. The problem of underreporting and its causes are complex, and there is no one easy solution, but Member States should be encouraged to exchange best practices and consider innovative measures to increase reporting of crimes, such as presence of victim support organisations in police stations.
Amendment 106 #
Proposal for a directive
Recital 7
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs, including those living in rural and remote areas. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services.
Amendment 135 #
Proposal for a directive
Recital 10
Recital 10
(10) All victims should be assessed in a timely, adequate, efficient and proportionate manner. It is essential to ensure that victims receive the support and protection that correspond to their individual needs. The individual assessment of victims’ needs of support and protection should be done in stages. Within the first stage, all victims should be assessed from the first contact with the competent authorities to ensure that the most vulnerable victims are identified at the very early stages of the proceeding. As of the next stages, victims who need such enhanced assessment should be assessed by victim support services including psychologists. Such services are best placed to assess the state of victims’ well- being. The individual assessment should also take into account the situation of the perpetrator, who may have a history of violence, have access to or be in a possession of arms or abusing drugs and as such pose higher risks for victims. The individual assessment of victims’ needs should also include the assessment of victims’ needs of support, not only of protection. It is essential to identify victims who are in need of special support, so a targeted support such as prolonged free of charge psychological aid is provided to those who need it.
Amendment 137 #
Proposal for a directive
Recital 11
Recital 11
(11) As a result of the enhanced assessment of victims’ needs for protection, victims who are in need of physical protection should be able to receive it in a form adapted to their particular situation. Such measures should include the presence of law enforcement authorities, emergency barring or restraining orders or being kept away from the offender on the basis of national protection orders. Such measures may be of a criminal, administrative or civil law nature and any breach of such orders should be punishable by effective, proportionate and dissuasive penalties. Member States should ensure that victims are informed about the availability of such measures and are informed of their right to apply for them.
Amendment 149 #
Proposal for a directive
Recital 13 d (new)
Recital 13 d (new)
(13d) More emphasis should be placed on capacity building and the training of practitioners with regard to implementation of key aspects of the directive. Member States should ensure that professionals likely to come into contact with victims receive adequate and tailored training and targeted information. Such training of professionals should be required to a level appropriate to their contact with victims. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation, the availability of protection and support measures for victims, including referrals, as well as focus on coordinated and multi- disciplinary approach to cases. Specific attention should be given to trainings for judges and prosecutors in order to increase their awareness of the needs of victims. Member States could further promote capacity building could be further promoted through performance monitoring of the competent authorities in order to provide feedback on their performance, enabling identification of possible shortcomings and, if necessary, their rectification, including through further training or other activities.
Amendment 150 #
Proposal for a directive
Recital 13 e (new)
Recital 13 e (new)
(13e) Moreover, practical guidelines are needed that the police and others can use on day-to-day basis in advising victims of their rights and making sure that their rights are upheld, and could include a form of a checklist for professionals that they should follow in each case. Such practical guidelines should be in line with training provided to professionals as well as with the national protocols to be established under this directive.
Amendment 151 #
Proposal for a directive
Recital 13 f (new)
Recital 13 f (new)
(13f) Despite significant improvements achieved since the entry into force of the Directive 2012/29/EU, evidence shows that victims still often lack awareness of their rights, undermining the directive's effectiveness on the ground and discouraging victims from coming forward and reporting the crime. It is therefore imperative that Member States put in place effective awareness-raising campaigns in order to increase the awareness of the victims of their rights under this Directive, or further rights under national law, where applicable, including through easy-to-understand summaries and short explicative notes on their rights. At the same time, Member States should work to increase awareness also among the population at large, including in schools but also among family and friends who victims often turn to in first instance. Such campaigns should be conducted via a variety of channels, including the media, social media, posters in public transport, leaflets in courts, hospitals, and police stations or mobile applications. Moreover, Member States should improve the identification of places to which victims can reach out and find help in exercising their rights under this Directive, for example including through signposting or setting up of public directories and registries, for instance of accredited support organisations or lawyers. When introducing these measures, Member States should aim to develop them equally for all types of crimes.
Amendment 152 #
Proposal for a directive
Recital 14
Recital 14
(14) National protocols are essential to ensure that a clear communication framework is established to ensure that victims receive information about their rights and about their case and that victims are adequately assessed to enable them to receive the support and protection that corresponds to each victims’ individual needs that change in time. Such protocols should also ensure coordination and cooperation between competent authorities and support services as well as between general and specialist support services, including clear referral pathways. Protocols should be established by legislative measures in a way that corresponds best to national legal orders and the organisation of justice in the Member States. This should regulate the actions on provision of information to victims, facilitating crime reporting for the most vulnerable victims, including those in detention andclosed settings, such as detention and institutional care facilities, the individual assessment of victims’ needs. The legislative measures setting up the protocols should specify essential elements necessary for the processing of data including, the recipients of the personal data and the categories of data that will be processed in the context of operation of the protocols. The protocols should provide for general instructions on how to deal with services and actions under Directive 2012/29/EU in a comprehensive manner without however dealing with individual cases.
Amendment 155 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to set out objectives and actions for the development of victim´s rights and services, Member States should establish national victim´s rights strategies. These strategies should lay down their priorities, roles and coordination between competent authorities as well as with support services and civil society. Member States should ensure regular review and update of the national strategies, in consultation with relevant experts, support services as well as civil society.
Amendment 156 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should allocate sufficient human and financi, financial and technical resources to ensure an effective compliance with the measures set out in Directive 2012/29/EU. Special attention should be paid to the establishment of victims’ helplines, ensuring smooth functioning of general and specialist support services and individual assessment of victims’ needs for protection and for support, including where such services are provided by non- governmental organisations.
Amendment 157 #
Proposal for a directive
Recital 16
Recital 16
(16) The Union and the Member States are parties to the UN Convention on the Rights of Persons with Disabilities59 and are bound by its obligations to the extent of their respective competences. Under Article 13 of that Convention the States Parties are obliged to ensure effective access to justice for persons with disabilities on an equal basis with others, hence the needs to ensure accessibility and provide reasonable accommodation as well as procedural accommodations so that victims with disability enjoy their rights as victims on equal basis with others. Procedural accommodations should be understood as all necessary and appropriate modifications and adjustments in the context of access to justice in a particular case to ensure the participation of persons with disabilities on an equal basis with others. This might include for example measures needed to ensure communication with the court. The accessibility requirements set in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council60 can facilitate the implementation of that Convention and ensure that the victims’ rights laid down by Directive 2012/29/EU are accessible for persons with disabilities. _________________ 59 OJ L 23, 27.1.2010, p. 37. 60 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 162 #
Proposal for a directive
Recital 18
Recital 18
(18) The collection of accurate and coherent data, both quantitative as well as qualitative, and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the rights of victims of crime within the Union. Introducing a requirement for Member States to collect and report to the Commission data on the application of national procedures on victims of crime every three years in a harmonised way is expected to constitute a relevant step to ensure the adoption of data-informed policies and strategies. The Fundamental Rights Agency should continue to assist the European Commission and Member States in the collection, production and dissemination of statistics on victims of crime and in reporting on how victims have accessed the rights set out in this Directive.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 1 - point a
Article 3a – paragraph 1 - point a
1 in Article 3a, paragraph 1 point a is replaced by the following (a) provide victims with the information referred to in Article 4(1) and 9(1);
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 2b (new)
Article 3a – paragraph 2b (new)
2b. Helplines as referred to in paragraph 1 shall not replace already existing helplines, general or specialised, including those run by non-governmental organisations;
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 3
Article 3a – paragraph 3
3. Member States shall take appropriate measures to ensure the availability of the services referred to in paragraphs 1 and 2 in other languages, including at least the languages most used in the Member State, as well as their appropriate time availability.
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4
Article 3a – paragraph 4
4. Helplines shall be operated by adequately trained and qualified staff and may be set up by public or non- governmental organisations and may be organised on a professional or voluntary basis.;
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 1
Article 5a – paragraph 1
1. Member States shall ensure that victims can report criminal offences to the competent authorities through easily accessible, easy-to-use, safe and readily available channels, including through user friendly information and communication technologies. Such possibility shall include submission of evidence where feasible, in particular for offences committed online.
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2
Article 5a – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that criminal offences have been committed, or that further acts of violcriminal offences are to be expected, to report this to the competent authorities, including anonymously. Where a person other than the victim is making the report, Member States shall ensure that the competent authorities take adequate measures for the victim’s safety when necessary.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3
Article 5a – paragraph 3
3. Member States shall ensure that victims can effectively report crimes committed in detentionclosed settings, especially detention facilities and institutional care facilities. Detention facilities shall include in addition to jails, detention centres including young offenders' institutions, and holding cells for suspects and accused, specialised detention facilities for applicants of international protection and pre-removal centres, and accommodation centres where applicants and beneficiaries of international protection are located. Institutional care facilities shall include, among others, residential facilities for elderly people or for persons with disabilities, children´s homes, rehabilitation centres, correctional institutions or psychiatric facilities.
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 4
Article 5a – paragraph 4
4. Where children report criminal offences, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and use language in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States shall ensure that reporting is not conditional upon this person´s consent and that the measures which are necessary to protect the safety of the child are taken by the competent authorities before that person is informed about the reporting.
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2012/29/EU
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2012/29/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 h (new)
Article 1 – paragraph 1 – point 2 h (new)
Directive 2012/29/EU
Article 7 – paragraph 6
Article 7 – paragraph 6
"6. Notwithstanding paragraphs 1 and 3, an oral translation or oral summary of essential documents may be provided instead of a written translation on condition that such oral translation or oral summary does not prejudice the fairness of the proceedings. or the ability of victims to properly exercise their rights or actively participate in the criminal proceedings."
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2012/29/EU
Article 7 – paragraph 7
Article 7 – paragraph 7
"7. Member States shall ensure that the competent authority assesses whether victims need interpretation or translation as provided for under paragraphs 1 and 3. Victims may challenge a decision not to provide interpretation or translation. The procedural rules for such a challenge shall be determined by national law. Where the victims is a non-national of the Member State of the criminal proceedings, the victim´s need for interpretation and translation shall be presumed, unless there are clear indications that they do not have such needs."
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b.b.
Article 1 – paragraph 1 – point 3 – point b.b.
Directive 2012/29/EU
Article 8 – paragraph 6a (new)
Article 8 – paragraph 6a (new)
6a. Victim support services shall be adequately coordinated and geographically distributed and shall be easily accessible and readily available, including online or through other adequate means, such as information and communication technologies.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b.c.
Article 1 – paragraph 1 – point 3 – point b.c.
Directive 2012/29/EU
Article 8 – paragraph 6b (new)
Article 8 – paragraph 6b (new)
6b. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1 and 3. Where such services are provided by non-governmental organisations, Member States shall provide them with adequate, predictable and sustainable funding.
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2012/29/EU
Article 9 – paragraph 1 – point (c)
Article 9 – paragraph 1 – point (c)
(c) emotional and, where available, psychological support, once they become aware of a status of a person as a victimr a referral to psychological counselling. If the special need for psychological support has been demonstrated by individual assessment referred to in Article 22, psychological support shall be available to victims in need of such support for as long as necessary.;
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a a (new)
Article 1 – paragraph 1 – point 4 – point a a (new)
Directive 2012/29/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2012/29/EU
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) targeted and integrated support, including trauma support and counselling, for victims with specific needs, such as victims of sexual violence, victims of gender-based violence, including violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council64 [on combating violence against women and domestic violence], victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism, victims of core international crimes.; Victims of sexual violence, victims of gender-based violence, including violence against women and domestic violence and victims of trafficking in human beings shall also have access to sexual and reproductive healthcare services as part of the targeted and integrated support.; _________________ 64 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’;
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point c
Article 9a – paragraph 2 – point c
(c) emotional and psychological support for as long as is necessary;
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2012/29/EU
Article 10
Article 10
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10a
Article 10a
Member States shall take the necessary measures to establish assistance at the court premises to provide information and emotional support to victims. Such support may be part of the services referred to in Article 9 and 9a and/ or by a person of victim´s choice.
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point a
Article 10b – paragraph 1 – point a
(a) Article 7(1) in relation to decisions on interpretation during court hearriminal proceedings;
Amendment 317 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point a b (new)
Article 10b – paragraph 1 – point a b (new)
(ab) Article 13;
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point (b)
Article 10b – paragraph 1 – point (b)
(b) Article 23(3) and (4).
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 1 – point 6b(new)
Article 1 – paragraph 1 – point 6b(new)
Directive 2012/29/EU
Article 13
Article 13
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 - point a
Article 1 – paragraph 1 – point 8 - point a
Directive 2012/29/EU
Article 17 – paragraph 1 (new)
Article 17 – paragraph 1 (new)
(c) The following paragraph is added before paragraph 1: -1. Member States shall ensure that all victims can fully enjoy the rights provided to them under this Directive, irrespective of their Member State of residence.
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2012/29/EU
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) to have recourse to the extent possible to the provisions on video conferencing and telephone conference calls to facilitate participation in criminal proceedings of victims who are resident abroad.;
Amendment 362 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2012/29/EU
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that personal data concerning a victim and, where relevant, their family members, especially personal data allowing the offender to identify the victim’s place of residence or to otherwise contact the victim in any way is not provided to the offender either directly or indirectly.;
Amendment 366 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2012/29/EU
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall ensure that victims receive a timely and individual assessment, to identify specific support and protection needs and to determine whether and to what extent they would benefit from special measures provided for under Article 9(1), point (c), and Articles 18, 23 and 24, due to their particular vulnerability to secondary and repeat victimisation, to intimidation and to retaliation.;
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2012/29/EU
Article 22 – paragraph 1c (new)
Article 22 – paragraph 1c (new)
(b) In Article 22, the following paragraph is added: 1c. Where the individual assessment has identified specific protection or support needs or if the victim requests support, Member States shall ensure that the competent authorities respond to these needs in a timely and coordinated manner. This shall include referrals to general or specialist victims support services for an in-depth assessment of support needs, in line with protocols established pursuant to Article 26a.
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2012/29/EU
Article 22 – paragraph 1a
Article 22 – paragraph 1a
1a. The individual assessment shall be initiated upon the first contact of the victim with the competent authorities, and shall last as long as necessary depending on the specific needs of each victim. Where the result of the initial stage of the individual assessment by the first contact authorities demonstrates the need to continue the assessment, such assessment shall be undertaken in collaboration with the institutions and bodies, including general or specialist victim support services, depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a.; The assessment shall be conducted in the best interest of the victim, paying special attention to avoid secondary or repeated victimisation.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 2 – point (a)
Article 22 – paragraph 2 – point (a)
(a) the personal characteristics of the victim, including relevant experiences of discrimination, also when based on a combination of several grounds such as sex, gender, age, disability, religion or belief, language, racial, social or ethnic origin, residence status or sexual orientation;
Amendment 384 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 2 – point da (new)
Article 22 – paragraph 2 – point da (new)
(da) victim’s own account and assessment of the situation.
Amendment 393 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
In this regard, victims of terrorism, organised crime, human trafficking, gender-based violence, including violence against women and domestic violence, sexual violence, exploitation or hate crime including online forms of such violence, victims of core international crime and victims with disabilities shall be duly considered. Particular attention shall be paid to victims who fall under more than one of those categories.;
Amendment 395 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2012/29/EU
Article 22 – paragraph 3a
Article 22 – paragraph 3a
3a. In the context of the individual assessment, particular attention shall be paid to the risk emanating from the offender, including the risk of violent behaviour and of bodily harm, the acces to or the use of weapons, links to or involvement in a group of organised crime, drug or alcohol abuse, child abuse, mental health issues, behaviour of stalking, expression of threats or hate speech.;
Amendment 397 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point f
Article 1 – paragraph 1 – point 10 – point f
Directive 2012/29/EU
Article 22 – paragraph 4
Article 22 – paragraph 4
4. For the purposes of this Directive, child victims shall be presumed to have specific support and protection needs due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation. To determine whether and to what extent they would benefit from special measures as provided for under Articles 18, 23 and 24, child victims shall be subject to an individual assessment as provided for in paragraph 1 of this Article. The individual assessment of child victims shall be organised within the framework of targeted and integrated support services referred to in Article 9a.; Where relevant, the individual assessment shall take into account victim´s dependants other than children.
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h
Article 1 – paragraph 1 – point 10 – point h
Directive 2012/29/EU
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals and where relevant, take new or update ongoing measures to ensure the support and protection measures relate to the victim’s changing situation. If the elements that form the basis of the individual assessment have changed significantly, Member States shall ensure that it is updated throughout the criminal proceedings.;
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 – paragraph 4 – point b
Article 23 – paragraph 4 – point b
(b) emergency barring, restraining or protection orders to provide protection for victims against any acts of violence, including by prohibiting or restraining certain dangerous behaviour of the offender.;
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 – paragraph 4a (new)
Article 23 – paragraph 4a (new)
4a. Member States shall ensure that competent authorities inform victims of the possibility to apply for emergency barring, restraining or protection orders as well as the possibility to seek cross- border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.
Amendment 422 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 427 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 – paragraph 5b (new)
Article 25 – paragraph 5b (new)
(13a) In Article 25, the following paragraph is inserted: 5a. The training activities referred to in paragraphs 1, 2 and 3 shall include training on coordinated and multi- disciplinary cooperation allowing for a comprehensive and appropriate handling of cases and referrals, in line with protocols referred to in Article 26a and guidelines provided for under this Article. The training shall be regular and part of lifelong carreer development.
Amendment 428 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 – paragraph 5c (new)
Article 25 – paragraph 5c (new)
(13n) In Article 25, the following paragraph is inserted: 5b. Member States shall ensure that practical guidelines are developed for law enforcement authorities likely to come into contact with victims in order to make it easier to uphold victim´s rights and advise victims on these rights. As a minimum, these guidelines shall include guidance on: (a) how to recognise and understand signs of victimisation and prevent secondary or repeated victimisation; (b) how to conduct the individual assessment under Article 22 and respond to the victim´s needs based on the outcomes of the assessment; (c) how to refer victims to relevant support services; (d) how to treat victims in non- discriminatory, respectful, professional manner, as well as trauma- and child- sensitive manner; (e) how to ensure the protection of the victim's privacy. The guidelines shall be developed and regularly updated with the involvement of relevant experts and victims support organisations.
Amendment 429 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Directive 2012/29/EU
Article 25a (new)
Article 25a (new)
4 (new) Article 25a Awareness raising of victim´s rights 1. Member States shall ensure that regular awareness-raising campaigns are put in place at national level in order to ensure that victims are aware of their rights under this Directive. These campaigns shall be conducted through a variety of channels and shall include easy-to-understand and accessible summaries of victim´s rights. 2. Member States shall establish a dedicated website to provide information to the public on reporting a crime, victim´s rights, available victim general and specialist services, functioning of the justice system as well as relevant procedures and processes. The website shall include easy-to-understand language and be easily accessible, including for persons with disabilities. 3. Member States shall ensure that measures are put in place to allow for easy and rapid identification of places where victims will be helped to exercise their rights referred to in this Directive.
Amendment 431 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – title
Article 26a – title
Protocols throughfor national coordination and cooperation
Amendment 437 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1- introductory part
Article 26a – paragraph 1- introductory part
1. Member States shall establish and implement specific protocols on the efficient and consistent organisation of services and actions under this Directive by the competent authorities and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services. The specific protocols shall aim as a minimum at ensuring that:
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1 – point (a)
Article 26a – paragraph 1 – point (a)
(a) clear communication framework is established to ensure that victims receive all relevant information that is adapted to their changing individual needs;. Member States shall ensure that the framework establishes what information, when and by which actor shall be provided to the victim, whereas such information shall be simple and easy to understand, provided in a timely manner, repeated over time, in multiple formats including orally, in writing and digitally;
Amendment 442 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1 – point (e) (new)
Article 26a – paragraph 1 – point (e) (new)
(e) support services are well coordinated and organised, with clear referral protocols between general support services and specialist support services;
Amendment 443 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1– point (f) (new)
Article 26a – paragraph 1– point (f) (new)
(f) cooperation between competent authorities and support services is well organised and structured, with clearly established referral protocols;
Amendment 448 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1 – point b
Article 26a – paragraph 1 – point b
(b) victims who are in detention including jails, detention centres and holding cells for suspects and accused, as well as specialised detention facilities for applicants of international protection and pre-removal centres or in other institutions, including accommodation centers where applicants and beneficiaries of international protection are located, as well as victims who are in institutional care facilities:
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26aa (new)
Article 26aa (new)
The following article is inserted in Chapter 5: 3 a. Article 26aa National victim´s rights strategies 1. Within two years after the entry into force of this Directive, Member States shall establish, publish and implement a national strategy on victim´s rights, which as a minimum shall address the following: (a) the objectives and priorities of national policy in this area; (b) the roles and responsibilities of all the competent authorities involved; (c) the modes of coordination and cooperation between the competent authorities, as well as with support services; (d) the resources needed and how training of law enforcement professionals will be supported; (e) the procedures and mechanisms for regular monitoring and evaluation of the results achieved; 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals.
Amendment 458 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26b – paragraph 1
Article 26b – paragraph 1
1. Member States shall ensure that victims of crime may exercise their rights provided for in Article 3a, Article 4(1), Article 5(1), (3) Article 5a, Article 6(1), (2), (4), (5) and (6) and Article 10b using electronic means of communication.
Amendment 460 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26b – paragraph 2 – subparagraph 2
Article 26b – paragraph 2 – subparagraph 2
Member States shall ensure that reasonable accommodation isand procedural accommodations are provided for victims with disabilities upon request.
Amendment 472 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall take the necessary measures to establish a system for the collection, production and dissemination of statistics on victims of crime. The statistics shall include data relevant to the application of national procedures on victims of crime, including at least the number and type of reported crimes and the number, the age, sex, and where applicable the existence of disability of the victims and the type of the offence. They shall also include information on how victims have accessed the rights set out in this Directive.
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Member States shall make the collected statistics available to the public in an easily accessible manner. The statistics shall not contain personal data.
Amendment 478 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2012/29/EU
Article 28a (new)
Article 28a (new)
b. Article 28a Resources 1. Member States shall ensure adequate human, technical and financial resources for the full and timely implementation of this Directive. 2. Member States shall ensure that, where support services are provided by non- governmental organisations, they are provided with adequate, predictable and sustainable financial resources to provide those services.
Amendment 486 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2012/29/EU
Article 29
Article 29
By [six years after adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The report shall assess the extent to which the Member States have taken the necessary measures to comply with this Directive, including the technical implementation, as well as take into account the findings of the European Union Agency for Fundamental Rights.