Transposition of European Legislation into Prosecution Policy Guidelines: The Example of the Dutch Implementation of the Framework Decision on the Standing of Victims in Criminal Proceedings
| Published date | 01 September 2010 |
| Author | Pim Geelhoed |
| Date | 01 September 2010 |
| DOI | 10.1177/203228441000100305 |
| Subject Matter | Article |
328 Intersentia
TRANSPOSITION OF EUROPEAN LEGISLATION
INTO PROSECUTION POLICY GUIDELINES:
THE EXAMPLE OF THE DUTCH
IMPLEMENTATION OF THE FRAMEWORK
DECISION ON THE STANDING OF VICTIMS
IN CRIMINAL PROCEEDINGS
P G*
ABSTRACT
is art icle discusses the issue whether European law per mits framework decisions and
directives to be transposed into prosecution policy guidelines, taking the Dutch
implementation of the Framework Decision on the standing of victims as an example.
Al t ho u g h t h is F ra m e wo r k D e c is i o n w a s i n i ti a ll y in t e nd e d to b e t r an s p os e d in t o g u i de l in e s
of the Public Prosecution Servic e, the Dutch Government chose to include transposition
in the revision of the Code of Crimin al Procedure, combining e orts for improvement of
the victim’s position. is article discusses the legal status of Dutch victim policy and
addresses the implementation of the rel evant Framework Decision. is article concludes
that it follows from the case law of the Cour t of Justice that the policy rules of the Public
Prosecution Service d o not have the legally binding nature that the transposition of the
relevant Framework Decision requires.
Keywords: fra mework decisions; prosecution policy; transposition; victi ms
1. INTRODUCTION
e Framework Decision on the standing of victims in criminal proceedings1
(hereina er referr ed to as ‘the F ramework Dec ision’) is the rst bind ing international
* PhD researcher, Inst itute for Criminal L aw and Criminology, Leide n University.
1 Council Framework Dec ision 2001/220/JHA of 15 Ma rch 2001 on the standing of victi ms in
criminal proceedings, OJ L 82, 22/3/2001, 1–4.
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