Judicial

#62024CJ0239ECJ Judgment (Case C-239/24): Victims' Rights Directive Does Not Apply to Extraterritorial Criminal Jurisdiction

🇪🇺European Union··Other·High Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The European Court of Justice ruled that the Victims' Rights Directive does not apply to criminal acts that occur outside the jurisdiction of EU member states. This judgment clarifies that the directive's provisions for supporting and protecting victims are only relevant in cases where the crime is prosecuted within the EU. Consequently, family members of victims of serious breaches of humanitarian law committed abroad are not entitled to the rights outlined in this directive unless the crime relates to prosecution within the EU's jurisdiction.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Clarifies that the Victims' Rights Directive does not grant rights for extraterritorial crimes.
  • Establishes that jurisdiction must be established within the EU for the directive to apply.
  • Confirms the limited scope of the directive concerning crimes committed outside of EU territory.

Obligations

What this law requires

high

Member State courts must not apply Directive 2012/29/EU victim protections to criminal proceedings involving extraterritorial crimes unless the criminal prosecution takes place within EU jurisdiction

EU Member State courts and judicial authorities
prohibition
high

Member States must limit the definition of 'victim' under Directive 2012/29/EU to only those whose crimes are prosecuted within the Union, excluding victims of extraterritorial offences prosecuted outside the EU

EU Member State judicial and administrative authorities applying Directive 2012/29/EU
operational
high

Family members of persons whose death resulted from extraterritorial criminal offences are not entitled to victim rights under Directive 2012/29/EU unless the criminal prosecution occurs within EU jurisdiction

EU Member State authorities responsible for implementing victim protection measures
prohibition
medium

Complaints made to competent authorities outside the Union, such as embassies, do not trigger obligations under Directive 2012/29/EU

EU Member State authorities and embassies
operational
high

Member States must assess whether victim rights apply based on whether the criminal jurisdiction is exercised within EU territory, taking into account rules of conflict relating to jurisdiction as laid down in Council Framework Decision 2009/948/JHA

EU Member State prosecutors, courts, and judicial authorities
operational

Affected Parties

Victims of crimes committed outside the EU jurisdictionFamily members of the victims

Tags

Victims' Rights,Criminal Jurisdiction,European Court of Justice