THE DIRECTIVE OF THE EUROPEAN UNION ESTABLISHING MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME AND MACEDONIAN CRIMINAL PROCEDURE LAW

Abstract

In 2012, the European Union Directive (2012/29 EU) was adopted establishing minimum standards on the rights, support and protection of the victims of crime replacing the Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings. Both documents are legally binding of the general kind, the first of that kind, when it comes to victims of crime and EU legislation. The purpose of this paper is to introduce the importance of this Directive for promotion of the position and rights of the victim of crime and the necessity for its implementation in national legislation. Moreover, the Republic of North Macedonia, as a country that has already started the accession negotiations for EU membership, must take into account the minimum standards on the rights, support and protection of victims of crime as one of the conditions for gaining this status in the EU in the framework of harmonization of national with European legislation. In this regard, we can point the implementation of the Victims’ Rights Directive as one of the priorities of Serbia in the negotiations for its accession to the EU (specifically foreseen in the Action Plan for Chapter 23 - Judiciary and Human Rights). The main method used in this paper will be the content analysis of the Victims' Rights Directive and of domestic legislation regarding the (non) existence of provisions which imply its consistent application. Keywords: EU Victims’ Rights Directive of Crime (2012), minimum standards, national legislation, harmonization of legislation