Tools in Network: an E-Net Approach to Sharing Mediation Competences.

EU provisions

- The Conclusions of the European Council in Tampere (15-16 October 1999), point 32. In order to create an area of freedom, security and justice in the European Union, the Heads of State or Government of Member States reaffirm the need to draw up minimum standard rules on the protection of the victims of crime, in particular on crime victims' access to justice and on their rights to compensation for damages, including legal costs. In addition, national programmes should be set up to finance measures, both public and non-governmental, for assistance to and protection of victims.

- Council Framework Decision concerning the standing of victims in criminal proceedings, 2001/220/JHA of 15 March 2001. Adopted within the EU third pillar (judicial cooperation in penal matters) this is certainly the most important document of the European Union on child protection. Other than the documents of the Council of Europe this decision has a mandatory character. Under article 1 it defines "mediation in criminal cases" as "the search, prior to or during criminal proceedings, for a negotiated solution between the victim and the author of the offence, mediated by a competent person". As to its contents, the European provision details, even though not chronologically, the number of rights to which victims are entitled and offers a closer definition of victim and criminal proceedings. Before instituting criminal proceedings each State shall ensure access to information of relevance for the assistance and legal protection, as far as possible in languages commonly understood (art. 4). In order to prevent secondary victimisation, each State shall ensure the conditions to provide appropriate venues and facilities (art. 15). During proceedings, it shall be ensured that victims are treated with due respect and their rights recognized (art. 2), avoiding risks and unnecessary pressure; ample safeguards are provided for the possibility for victims to be heard and to supply evidence (art. 3), whenever the offended party wishes to participate actively; all factors limiting its participation in criminal proceedings are to be removed ensuring for instance the reimbursement of expenses incurred as a result of their legitimate participation in criminal proceedings. The obligation to provide specialist services as well as adequately trained personnel is reaffirmed. Each State shall bring into force the laws, regulations and administrative provisions necessary to comply with this Framework Decision according to three deadlines, the last being 22 March 2006, by which each State should have, on the one hand, sought to promote mediation in criminal cases for offences which it considered appropriate for this sort of measure, and, on the other hand, ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases be "taken into account". This last wording is not fully satisfactory.

The European Union released fewer but potentially very important documents for their mandatory character. Their scarce number is easily explained considering that the EU was initially a commercial entity and only recently, and not without difficulties, its competence was extended to judicial cooperation in penal matters, which had so far been regulated exclusively by national States.

Other than the general provisions from the UNO and the Council of Europe, the above Framework Decision is not a simple declaration of principles or a general recommendation - though they are very important documents from the point of view of normative evolution - but a real binding instrument. As such, it constitutes the main impulse for the actual revision of domestic legislation. Member States are obliged to adjust their judicial systems, under penalty of an infringement procedure for breach of community obligations.