European Scrutiny Committee Contents


5 Compensation for victims of crime

(30567)

9062/09

COM(09) 170

+ ADD 1

Commission Report on the application of Council Directive 2004/80/EC relating to compensation to crime victims

Commission Staff Working Document: accompanying document to the Report on the application of Council Directive 2004/80/EC relating to compensation to crime victims

Legal base
Document originated20 April 2009
Deposited in Parliament29 April 2009
DepartmentJustice
Basis of considerationEM of 13 June 2009
Previous Committee ReportNone
To be discussed in CouncilNot planned
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information awaited

Background

5.1 Article 19 of Council Directive 2004/80/EC on compensation to crime victims requires the Commission to present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of the Directive by 1 January 2009.

5.2 The purpose of the Directive is to set up a system for cooperation to facilitate cross-border access to compensation for victims of crime. The system operates on the basis of existing national schemes for compensation for victims of crime that has been committed in the respective territories of the Member States. The Directive provides that, where a "violent intentional crime" has been committed in a Member State other than the Member State where the victim is resident, the victim has the right to submit an application for compensation to the relevant authority in the Member State where he or she is resident. This application is then transmitted to the relevant authority in the Member State in which the crime was committed. It is this latter authority which retains the responsibility for paying compensation under its national procedures.

5.3 The Commission requested an external study to review the application of the Directive. The main objective of the study was to assess the current stage of implementation of the Directive in all Member States. Central Contact Points appointed by Member States also discussed the application of the Directive in a meeting in October 2008, which was organised within the framework of the European judicial network in Civil and Commercial Matters.

5.4 The Commission's report, based on the study, concludes that despite insufficient data there appears to be a substantial degree of compliance with the Directive across Member States. However, it also finds that claimants were much less positive than authorities were about the process of applying for compensation. It highlights that many find the process of applying complicated and time-consuming and consider that language barriers — and communication in general — constitute a major obstacle.

5.5 To improve the functioning of the Directive the Commission's report recommends that Member States:

  • Seek to collect data on the application of the Directive in order to be able to better assess the effectiveness of the process.
  • Ensure — as far as possible — that more information on the Directive and on national compensation schemes is provided to citizens since too few potential claimants seem to be aware of their rights.
  • Ensure that the language requirements of the Directive are respected in order to ensure the most efficient processes for claimants.
  • Ensure clarity and transparency in key elements of national compensation schemes, particularly which offences are included in the schemes and which injuries are covered by them.

5.6 The Commission concludes that the implementation of the Directive can be improved on the basis of the current provisions and therefore does not propose amendments to the Directive itself. But it states that it "will use its powers under the Treaty to urge the Member States to complete the possible deficient measures" — in other words bring infringement proceedings if necessary.

The Minister's Explanatory Memorandum of 13 May

5.7 The Criminal Injuries Compensation Scheme (CICS) falls under the responsibility of the Ministry of Justice. The Parliamentary Under-Secretary of State at the Ministry of Justice (Lord Bach) states in his Explanatory Memorandum of 13 May that the United Kingdom has well established criminal injuries compensation schemes which fully meet the requirement of the Directive to provide "fair and appropriate compensation". The 2008 Scheme (Great Britain) and the 2009 Scheme (Northern Ireland) provide payment at public expense to any person (of any nationality or domicile) who has sustained a criminal injury as a result of a crime of violence within Great Britain and Northern Ireland respectively. The Minister describes the Great Britain scheme as always having been "in the forefront of compensation for victims of violent crime around the world and remains the most generous scheme in Europe".

5.8 The Victims of Violent Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005 transpose the Directive into domestic law and came into effect on 1 January 2006. In order to comply with the Directive and the Regulations, the Criminal Injuries Compensation Authority (CICA) set up the EU Compensation Assistance Team (EUCAT) on 4 January 2006 to help potential applicants gain access to information about compensation in the country in which they were injured. In particular, the Minister says, EUCAT can help with the following: access to information about the system of compensation in the country where the injury occurred; providing the appropriate application form; providing guidance on any supporting documentation that an applicant might have to supply; forwarding the completed application to the relevant authority in the EU country where the injury occurred; and providing advice on how to respond to requests for further information. In order for EUCAT to assist, however, the following criteria must be met: the injuries must have occurred on or after 1 July 2005; the injuries must have occurred in an EU country other than the UK; the victim must be resident in the UK; and the injuries must have been sustained as a result of a crime of violence. Requests for information and application forms transmitted to CICA should normally be expressed in English. But in order to comply with Article 11 of the Directive, requests for information or application forms can also be accepted in French and German.

5.9 The Minister comments that, to date, EUCAT has forwarded around 140 applications to other EU countries operating a compensation scheme.[21] Cooperation between Member States is generally good however language difficulties and time taken to translate documents can cause delays. CICA does not, however, keep records on applicants' nationality and cannot therefore identify which applications were submitted by cross-border applicants.

5.10 In conclusion the Minister states that CICA has carefully considered the study and subsequent report by the Commission. How information on cross-border applications is compiled in the future will be re-considered in light of it. But in response to the study's conclusion that the UK has not fully complied with the Directive, the Minister states that this conclusion appears to be based on a number of inaccuracies. The main inaccuracies relate to the time eligibility for criminal injuries compensation to be paid; implementation of Articles regarding assistance with applications and the transmission of documentation to the appropriate authorities; and review and appeal processes. CICA has recently written to the Commission in relation to these inaccuracies, stating that they do not properly reflect the response provided to the authors of the study by CICA. A response has not yet been received. The Minister concludes that he is "confident that the UK is fully compliant and has dealt with applications received speedily and without delay".

Conclusion

5.11 We thank the Minister for his Explanatory Memorandum of 13 May.

5.12 We note that the study commissioned by the Commission reported that the UK was not fully compliant with Directive 2004/80/EC on compensation to crime victims, but that the Minister states that the UK is fully compliant and the study's conclusion is based on a number of inaccuracies, which have been reported by the Criminal Injuries Compensation Authority to the Commission (CICA).

5.13 We would be grateful for sight of the study on the implementation of the Directive.

5.14 We would also be grateful to know the Commission's response to CICA, and whether the Commission reassesses the conclusion in the study that the UK is not fully compliant with the Directive.

5.15 In the meantime, we keep the Commission's report under scrutiny.





21   This number is many times higher than reported by other Member States - see paragraph 3.3 of the Commission's report. Back


 
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