JUDICIAL COOPERATION IN CRIMINAL MATTERS >
European network of contact points for restorative justice
| It is vital that victims' interests in criminal proceedings be taken into consideration. It is for this reason that the Kingdom of Belgium proposes the adoption, by the Council, of a network of contact points responsible for sharing information and best practices on "restorative justice". |
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PROPOSAL
Initiative of the Kingdom of Belgium with a view to adopting a Council Decision setting up a European network of national contact points for restorative justice [Official Journal C 242 of 8.10.2002].
SUMMARY
During the Belgian Presidency of the European Union (second half of 2001), an informal meeting of Justice Ministers was dedicated to the concept of "restorative justice". Following this meeting, the Kingdom of Belgium presented this initiative after consultation with a non-governmental organisation with expertise in the field of restorative justice (European Forum for victim-offender mediation and restorative justice). In recent years, the theme of protection of victims has been the focus of other community initiatives, namely:
- the Commission communication of 14 July 1999 on the situation of crime victims in the European Union;
- the Council decision of 28 May 2001 creating a European crime prevention network which introduced mediation with juveniles and social mediation into its working programme;
- the Council Framework Decision of 15 March 2001 about the standing of victims in criminal proceedings.
At the Tampere European Council meeting in October 1999, the Member States agreed to create alternative, extra-judicial procedures (point 30 of the conclusions).
At an international level, the rights of crime victims were the subject of the United Nations Declaration of 29 November 1985, as well as many recommendations from the Council of Europe [R (85) 11, R (87) 21, R (99) 19].
The concept of "restorative justice" implies that the needs of victims are prioritised. Both material and immaterial reparation should be aimed at restoring the balance between the victim and society which has been upset by the criminal offence.
Up until now, acts of restorative justice were restricted to forms of mediation between victims and offenders. However, other forms of reparation involving the various players of the criminal justice process (police, victim aid services, etc.) are not excluded.
The network will consist of contact points designated by the Member States and possibly by the Commission and the applicant countries. These designated points must be able to work in a language other than the language of the Member State in which they are located.
In order to support and promote the different aspects of restorative justice, the network:
- collects, analyses and distributes information about current practices;
- encourages contacts and exchange of experience between authorities, institutions and competent organisations;
- organises seminars, conferences and meetings;
- cooperates with applicant countries, third countries and international organisations.
In addition, the network is required to report to the Council on its activities each year, stating the key objectives for the following year.
In order to accomplish the tasks listed above, the network will meet at least once every six months, on the invitation of the Member State holding the Presidency of the Council. It is required to decide on the annual work programme and to take all necessary steps to put into place an electronic information exchange system and a web site.
Cooperation with competent non-governmental organisations in this regard is also envisaged.
An evaluation report on the activity of the network will be prepared within three years following the adoption of the decision.
PROCEDURE
Consultation procedure (CNS/2002/0821)
Last updated: 13.10.2005