Council of the European Union Brussels, 12 February 2020 (OR. en) 5632/20 LIMITE DROIPEN 3 COPEN 24 JAI 62 CT 6 FREMP 7 SOC 36 NOTE From:                  Presidency To:                    CATS Subject:               Victims rights - Follow-up to the 2019 Council conclusions: selected issues Introduction Victims’ rights have been the subject of extensive consideration at EU level, in particular following the publication of the Milquet report "Strengthening Victims’ Rights: From compensation to reparation" in March         1 2019 . The Commission organised a High Level Experts' meeting in November 2019 and the topic was discussed by the Council and its relevant preparatory bodies. At its meeting on 2-3 December 2019 the Justice and Home Affairs Council adopted conclusions, which look at the current situation and pave the way for future developments .2 The objective of the Council conclusions is to recognise progress made so far in the field of victims’ rights, where a comprehensive framework of legislative and non-legislative instruments has been developed at EU level. 1      The report is included in 8629/19. 2      OJ C 422, 16.12.2019, p. 5. 5632/20                                                                 MC/mj                        1 JAI.2             LIMITE                          EN

The conclusions aim to improve the effectiveness and implementation of this framework and to identify further actions to be taken, both by the Commission and by the Member States. The conclusions equally call on the Commission to draw up a comprehensive EU strategy on victims’ rights in order to improve the existing EU framework. At this stage, just a few months after the adoption of the Council conclusions, it is certainly rather early to make a preliminary assessment of their implementation and impact. The Commission is currently engaged in the preparation of the new strategy, and intense work is also required on the part of the Member States to implement the measures set out in the conclusions. Exchange of views on specific measures that Member States have adopted and/or are invited to take The Council conclusions call on the Member States to engage in several actions related to improving victims’ access to justice and compensation at national level and in cross border cases. These actions cover several fields: promoting the implementation of the EU rules on victims’ rights and of the measures identified in the previous Council Conclusions in the area of victims’ rights; ensuring the existence of national compensation schemes and improving their functioning; ensuring a holistic approch to victims’ rights at national level; strenthening the awareness about national compensation schemes; making full use of EU funding instruments to promote the rights of crime victims at national level. As part of the preparatory work that the Commission is conducting to define the future strategy, it appears useful to consider what actions Member States have taken or envisage taking as a follow-up to the Council Conclusions. In regard of the recommendation to make full use of the EU funding intruments to promote the rights of crime victims, the conclusions specifically draw attention to tools that Member States may have developed or set up in this area, and provide concrete examples. In particular, focus could be put on developing tools using state-of-the art technology, which can provide victims with better access to justice and support them in exercising their rights. Having an exchange of views on this topic would will make it possible to map the existing situation in Member States and to identify good practices which can be applied across the EU. 5632/20                                                                     MC/mj                      2 JAI.2             LIMITE                         EN

3.     Areas where the development and use of specific tools appear to be especially needed The Presidency considers it especially important to take action in the following areas. a)     Development and setting up of user-friendly national websites Supporting Member States in their efforts to develop and set up user-friendly national websites is paramount. Such websites could be a one-stop-shop for victims, containing information on the rights of victims of crime, available support services across the country, brochures and other information material, which could be developed with the support of EU funds. For example, in the VICATIS (Victim-centred Approach to Improving Support Services)                3 project , a website was developed to inform victims of crime. b)     Information for victims on the right to compensation The Council conclusions emphasise the importance of informing victims about the right to compensation. To achieve this objective, Member States should be encouraged to ensure that victims are appropriately informed about the competent authorities and the procedures for filing a request for compensation. This information could be provided via video materials for victims, with simple and clear instructions. Member States could also consider developing interactive websites to facilitate access to information for victims and to simplify application procedure. Mobile applications could also be developed. The websites and mobile applications would make the relevant information easily accessible to the target audience, they should also be adapted to persons with disabilities. Social media campaigns to publicise the availability of the websites/mobile applications could be conducted. As emphasised in the Council conclusions, the Member States should consider making this information available in English at least, in addition to their national languages. 3    Vicatis is a transnational project funded by the Justice Programme of the EU under the Call JUST-JACC-VICT-AG-2016. (website zazrtve.hr). This website provides guidance to victims on their rights and the available support services at various stages of the police investigation and the judiciary process (including links to their locations and practical instruction on the support provided, as well as information for victims in formats adapted to persons with intellectual disabilities). 5632/20                                                                    MC/mj                    3 JAI.2            LIMITE                      EN

c)    Establishment of free phone helplines One example is the European victim helpline number 116          4 006 . The Presidency supports the establishment of the 116 006 helpline number across the EU, as it is in line with the EU goal of establishing common standards on the rights of victims of crime. Establishing this service in all Member States would enable persons who are victimised while travelling or are suffering the consequences of a crime committed in another Member State (including disabled users) to use the same number, and obtain the information, support and referral in the same professional way they would receive in their country of residence. It should be free, anonymous and open seven days a week. This recommendation is based on the good experience acquired with the establishment of the 116 006 line in Croatia (which operates thanks to cooperation between the Ministry of Justice and the NGO Victim and Witness Support Service Croatia). Conclusion Having regard to the three areas identified in section 3, where the development and use of specific tools appears to be especially needed, the Presidency considers it important to organise a discussion which will provide the opportunity to exchange views and share examples of good practices. The Presidency wishes in particular to invite delegations to provide their views on the following questions: –     Have Member States already taken, or do they envisage taking, measures for the promotion of victims’ rights such as those referred to in the Council conclusions? –     Are there some examples of good practice in Member States in conducting projects aimed at developing and setting up interactive and user-friendly national websites, telephone helplines and mobile applications for victims? 4  This helpline number was established on the basis of 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 49, 17.2.2007, p. 30) and the Annex to Commission Decision 2009/884/EC of 30 November 2009 amending Decision 2007/116/EC as regards the introduction of additional reserved numbers beginning with ‘116’ (OJ L 317, 3.12.2009, p. 46). 5632/20                                                                  MC/mj                      4 JAI.2             LIMITE                         EN