Legal provisions of COM(2002)562 - Compensation to crime victims - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2002)562 - Compensation to crime victims. |
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document | COM(2002)562 ![]() |
date | April 29, 2004 |
Contents
- CHAPTER I - ACCESS TO COMPENSATION IN CROSS-BORDER SITUATIONS
- Article 1 - Right to submit an application in the Member State of residence
- Article 2 - Responsibility for paying compensation
- Article 3 - Responsible authorities and administrative procedures
- Article 4 - Information to potential applicants
- Article 5 - Assistance to the applicant
- Article 6 - Transmission of applications
- Article 7 - Receipt of applications
- Article 8 - Requests for supplementary information
- Article 9 - Hearing of the applicant
- Article 10 - Communication of the decision
- Article 11 - Other provisions
- CHAPTER II - NATIONAL SCHEMES ON COMPENSATION
- Article 12
- CHAPTER III - IMPLEMENTING PROVISIONS
- Article 13 - Information to be sent to the Commission and the manual
- Article 14 - Standard form for transmission of applications and decisions
- Article 15 - Committee
- Article 16 - Central contact points
- Article 17 - More favourable provisions
- Article 18 - Implementation
- Article 19 - Review
- Article 20 - Entry into force
- Article 21 - Addressees
CHAPTER I - ACCESS TO COMPENSATION IN CROSS-BORDER SITUATIONS
Article 1 - Right to submit an application in the Member State of residence
Article 2 - Responsibility for paying compensation
Article 3 - Responsible authorities and administrative procedures
2. Member States shall establish or designate one or several authorities or any other bodies to be responsible for deciding upon applications for compensation, hereinafter referred to as ‘deciding authority or authorities’.
3. Member States shall endeavour to keep to a minimum the administrative formalities required of an applicant for compensation.
Article 4 - Information to potential applicants
Article 5 - Assistance to the applicant
2. The assisting authority shall, upon the request of the applicant, provide him or her with general guidance and information on how the application should be completed and what supporting documentation may be required.
3. The assisting authority shall not make any assessment of the application.
Article 6 - Transmission of applications
2. The assisting authority shall transmit the application using the standard form referred to in Article 14.
3. The language of the application and any supporting documentation shall be determined in accordance with Article 11(1).
Article 7 - Receipt of applications
(a) | the contact person or the department responsible for handling the matter; |
(b) | an acknowledgement of receipt of the application; |
(c) | if possible, an indication of the approximate time by which a decision on the application will be made. |
Article 8 - Requests for supplementary information
It shall upon the request of the applicant subsequently transmit it as soon as possible directly to the deciding authority, enclosing, where appropriate, a list of any supporting documentation transmitted.
Article 9 - Hearing of the applicant
(a) | the person(s) to be heard directly by the deciding authority, in accordance with the law of its Member State, through the use in particular of telephone- or video-conferencing; or |
(b) | the person(s) to be heard by the assisting authority, in accordance with the law of its Member State, which will subsequently transmit a report of the hearing to the deciding authority. |
2. The direct hearing in accordance with paragraph 1(a) may only take place in cooperation with the assisting authority and on a voluntary basis without the possibility of coercive measures being imposed by the deciding authority.
Article 10 - Communication of the decision
Article 11 - Other provisions
(a) | the official languages or one of the languages of the Member State of the authority to which the information is sent, which corresponds to one of the languages of the Community institutions; or |
(b) | another language of the Community institutions that that Member State has indicated it can accept; |
with the exception of:
(i) | the full text of decisions taken by the deciding authority, where the use of languages shall be governed by the law of its Member State; |
(ii) | reports drawn up following a hearing in accordance with Article 9(1)(b), where the use of languages shall be determined by the assisting authority, subject to the requirement that it corresponds to one of the languages of the Community institutions. |
2. Services rendered by the assisting authority in accordance with Articles 1 to 10 shall not give rise to a claim for any reimbursement of charges or costs from the applicant or from the deciding authority.
3. Application forms and any other documentation transmitted in accordance with Articles 6 to 10 shall be exempted from authentication or any equivalent formality.
CHAPTER II - NATIONAL SCHEMES ON COMPENSATION
Article 12
2. All Member States shall ensure that their national rules provide for the existence of a scheme on compensation to victims of violent intentional crimes committed in their respective territories, which guarantees fair and appropriate compensation to victims.
CHAPTER III - IMPLEMENTING PROVISIONS
Article 13 - Information to be sent to the Commission and the manual
(a) | the list of authorities established or designated in accordance with Articles 3(1) and 3(2), including, where appropriate, information on the special and territorial jurisdiction of these authorities; |
(b) | the language(s) referred to in Article 11(1)(a) which the authorities can accept for the purpose of applying Articles 6 to 10 and the official language or languages other than its own which is or are acceptable to it for the transmission of applications in accordance with Article 11(1)(b). |
(c) | the information established in accordance with Article 4; |
(d) | the application forms for compensation; |
Member States shall inform the Commission of any subsequent changes to this information.
2. The Commission shall, in cooperation with the Member States establish and publish on the internet a manual containing the information provided by the Member States pursuant to paragraph 1. The Commission shall be responsible for arranging the necessary translations of the manual.
Article 14 - Standard form for transmission of applications and decisions
Article 15 - Committee
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
3. The Committee shall adopt its Rules of Procedure.
Article 16 - Central contact points
(a) | assisting with the implementation of Article 13(2); |
(b) | furthering close cooperation and exchange of information between the assisting and deciding authorities in the Member States; and |
(c) | giving assistance and seeking solutions to any difficulties that may occur in the application of Articles 1 to 10. |
The contact points shall meet regularly.
Article 17 - More favourable provisions
(a) | introducing or maintaining more favourable provisions for the benefit of victims of crime or any other persons affected by crime; |
(b) | introducing or retaining provisions for the purpose of compensating victims of crime committed outside their territory, or any other person affected by such a crime, subject to any conditions that Member States may specify for that purpose. |
Article 18 - Implementation
2. Member States may provide that the measures necessary to comply with this Directive shall apply only to applicants whose injuries result from crimes committed after 30 June 2005.
3. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
4. Member States shall communicate to the Commission the text of the main provisions of domestic law, which they adopt in the field governed by this Directive.