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Victim's rights and vulnerability – enhancing participation: perspectives from EU law and the example of Greece
Fri, September 5, 6:30 to 7:45pm, Deree | Classrooms, DC 603Abstract
Victim’s rights in criminal proceedings have been a long-debated topic. The provisions of EU Directives reflect the EU legislator’s will to ensure a minimum level of victim participation in all EU Member States. Participation is a key concept linked to the need for respect, recognition and access to justice. Through legal analysis, this paper examines the provisions that enhance participation for vulnerable victims, including victims of gender-based violence, persons with disabilities, older people, and those who do not speak the language of the proceedings.
Firstly, Directive 2012/29 will be briefly analysed to demonstrate that securing victim participation has been at the core of the EU’s initiatives. Provisions such as allowing victims to be accompanied by a person of their choice play a crucial role in addressing the needs of particularly vulnerable victims. Moreover, Member States are required to ensure adequate protective measures to prevent vulnerable victims from being discouraged from participating in criminal proceedings. Similarly, the Proposal for a Directive amending Directive 2012/29/EU reflects this goal. It will be argued that the proposed amendments strengthen access to support and information for vulnerable victims while ensuring that their complaints are properly recorded and addressed by the authorities. Additionally, the provisions of Directive 2024/1385 that promote reporting and facilitate victim participation will be analysed.
Lastly, the new Greek provision on victim participation via videoconference will be presented and critically examined. It will be explored whether participation via videoconference enhances the involvement of vulnerable victims while aligning with the goals at the EU level.