Brussels, 16 October 2014
Commission refers Italy to the Court of Justice for insufficient rules on compensation for crime victims
The European Commission has today decided to refer the Republic of Italy to the Court of Justice of the European Union for not adequately implementing EU rules on compensation for victims of crime (Directive 2004/80/EC). Under EU law, all Member States must ensure that their national compensation scheme guarantees a fair and appropriate compensation to the victims of violent intentional crimes, committed on their territory.
Instead, Italian legislation provides only for compensation to victims of certain violent intentional crimes, such as terrorism or organised crime, but not for all of them. Compensation should be available in national as well as in cross-border situations, regardless of the country of residence of the victim and regardless of in which Member State the crime was committed.
Following complaints from victims who suffered a violent intentional offence in Italy and who did not find compensation in national or cross-border situations, the Commission raised this issue with the Italian authorities through a letter of formal notice in November 2011. It reminded Italy of its obligation to establish a general compensation scheme, ensuring equal access to compensation for all victims, under Article 12 of Directive 2004/80.
Despite the Commission's reasoned opinion sent on 18 October 2013, Italy has still not taken the necessary steps to amend its legislation in line with the requirements of EU legislation.
For more information
On the October infringement package decisions, see MEMO/14/589
On the general infringement procedure, see MEMO/12/12
For more information on infringement procedures
Homepage of Martine Reicherts, EU Justice Commissioner
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