A Needed Balance Between Security, Liberty and Justice. Positive Signals Arrive From the Field of Victims' Rights

Abstract

Both authors and NGOs have levelled harsh criticism at developments within the Area of Freedom, Security and Justice. The European legislator is accused of being too keen on the repressive aspect, and too oblivious to respect for civil liberties. As a matter of fact, there are a certain amount of instruments which exist that are aimed at preventing crime while a very limited number are focussed on protecting the rights of the individuals. The purpose of this paper will be to assess the quality of the legislation intended to enhance the protection of individuals. The selected field of analysis will be victims' rights, chosen for its strategic role both in building an image of Europe in the international arena, and in relation to the construction of Europe itself, given the important connection with freedom of movement. This paper will demonstrate how the Framework Decision on the standing of victims in criminal proceedings sees the victim more as a crucial tool for law enforcement, than as an individual whose interests needs to be protected. Member States are, in fact, given strong obligations as to the right of participation and to information, while some gaps can be found with respect to the right of protection, the right to reparation, and to receive support. This imbalance is accentuated with respect to cross-border victims. One could then conclude that even in respect of the instruments aimed at enhancing the protection of individuals, some evidence of a repressive aim can be observed. Fortunately, the recent Commission proposal seems to be headed in a different direction. Under the proposal, protection rights would be boosted, and stronger obligations would exist for national legislators as to the creation of support services and the training of professionals. If the spirit of the legislative text is maintained throughout negotiations and in the final texts, and the new institutional features of Lisbon, involving the Parliament in the legislative procedure in former third pillar matters certainly lead one to think so, then this will undoubtedly contribute to correcting the existing imbalance between security and liberty.