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A Strategy Without a Category: The EU Victims’ Rights Consultation and the People It Does Not Reach

Julien Moreau Avatar

What The Revision Actually Delivers

The Person The Framework Still Cannot See

The Case Against Widening It

There is a serious argument for leaving this alone, and it should be stated before it is answered. The Directive rests on Article 82(2)(c) of the Treaty, which permits minimum rules on the rights of victims of crime only so far as they facilitate mutual recognition and judicial cooperation in criminal matters with a cross-border dimension. It is a criminal-procedure instrument by design and by legal base. Asking it to carry a protective status for people a foreign state has decided to harm misreads what it is for, and would invite challenge on competence grounds.

There is also a practical objection. Attribution is hard. A sabotaged cable leaves a trail that can be assembled in Brussels and defended before the General Court. An assassination attempt produces a national criminal file that is normally unusable at Union level until proceedings conclude. Building a status on evidence of that quality risks either an empty category or a contested one.

Both points hold against amending the Directive. Neither holds against the strategy. A strategy is not a legal instrument, and that is exactly why it can go where the Directive cannot: coordination between national protection schemes, a shared understanding among member states of what a state-directed threat to a person looks like, guidance to authorities on when a warning triggers an assessment rather than a referral. None of that requires a new competence. It requires the Union to decide that this category of person exists.

What The Last Strategy Actually Did

What The Consultation Could Usefully Hear

Three submissions, of which the first two ask the Commission to do something it can do itself.

  1. Name the category. The strategy should acknowledge, in terms, that people are targeted on Union territory by foreign states for political reasons, and that they are currently reached only after an offence has been committed against them. Naming a problem is what non-legislative instruments are for.
  2. Extend third-party reporting to pre-offence warnings. The revision built a channel for people who fear going to the police. The same channel could carry the case of a person who has been told they are a target but has no crime to report.
  3. Ask for a shared picture. Europol and Eurojust cooperate on these cases already, but there is no common account of how many such people there are across the Union. A strategy can commission one. Nobody can design protection for a group whose size is unknown.

The Union has spent three years improving how it treats people after something has happened to them, and the improvement is real. The consultation closing in November is about the other half: what it does for the person who knows what is coming. That half has no instrument, no category, and until now no obvious place to raise it. It has one until early November.


Note On The Record:
The legislative chronology is taken from Council and Parliament records and from the directive itself as published in the Official Journal. The Council announced its final go-ahead on 8 June; the instrument carries the date of 17 June and was published on 30 June. The consultation is described from the Commission’s Have Your Say page.


The closing date is given as early November rather than a specific day. The twelve-week period was announced; the exact closing date should be confirmed on the Commission page before relying on it.


Victim Support Europe is an interested party in this policy area and is cited as such rather than as a neutral assessor. Its assessment of implementation is an advocacy judgement; the count of infringement proceedings it reports is a tally of the Commission’s own enforcement activity, which is a different kind of claim, and it has not been checked here against the Commission’s record. The characterisation of the framework as unable to reach a person before an offence is committed is the author’s reading of the instrument’s architecture, not a finding by any institution. It follows from the instrument being built around the victim of a criminal offence and the process that follows, an orientation the revision does not change. Several rights under the Directive are expressed by reference to criminal proceedings; the reading here is about the framework’s centre of gravity rather than a claim that every provision is so confined.


The Berlin case is stated from the German federal prosecutors’ charging statement of June 2020 and the Berlin court’s verdict of December 2021, both as reported at the time. No other individual case is relied upon here.


This publication has not made a submission to the consultation. Should it do so, that will be disclosed.


Source Register
Claim Source, date, and address
Consultation on a new EU Strategy on Victims’ Rights opened 13 August 2026, running twelve weeks, open to victims, support services, law enforcement, judicial bodies, civil society, and academia European Commission, Have Your Say initiative 18194
Council final adoption 8 June 2026; EU-wide helpline 116 006 currently operated by only fourteen member states; more than 72,000 calls a year in France; publication in the Official Journal in July 2026; 24 months to transpose Council of the European Union press release, 8 June 2026
Third-party reporting through trained civil society or non-governmental bodies, rationale of fear of repercussions and underreporting Adopted text, Council register document PE-CONS 11/1/26 REV 1
Directive (EU) 2026/1472 of 17 June 2026 amending Directive 2012/29/EU; published OJ L, 2026/1472, 30 June 2026; transposition by 2 July 2028 except one element by 2 July 2030 EUR-Lex, ELI data.europa.eu/eli/dir/2026/1472/oj
Legal base of the revision: Article 82(2)(c) TFEU Council of the European Union, document ST-10255-2024-INIT, general approach
Parliament plenary adoption 18 May 2026 by 440 votes to 49 with 84 abstentions European Parliament legislative observatory, procedure 2023/0250(COD)
Commission proposal of 12 July 2023 to revise the Victims’ Rights Directive COM(2023) 424 final, EUR-Lex
Directive 2012/29/EU: purpose expressed as ensuring victims of crime receive… Directive 2012/29/EU, EUR-Lex
First EU Strategy on Victims’ Rights adopted 24 June 2020, running to 2025; commitment to review the 2012 Directive; creation of the Victims’ Rights Platform and a Commission coordinator COM(2020) 258 final, EUR-Lex
The 2020-2025 strategy envisaged the revision of the Victims’ Rights Directive European Parliament Research Service briefing on the revision
European Economic and Social Committee opinion that the strategy needed a clear action plan setting out how and when actions would be implemented and what outcomes were expected EESC opinion on the Victims’ Rights Strategy
Full implementation of the Directive far from achieved; infringement proceedings against 21 member states since 2016. Interested party; the infringement count is its tally of Commission enforcement action and is not verified here against the Commission’s own record Victim Support Europe, BeneVict report on practical implementation of the Victims’ Rights Directive
A new strategy in preparation following adoption of the revised Directive in June 2026 European Commission, EU Strategy on victims’ rights
Berlin Tiergarten killing of 23 August 2019: German federal prosecutors charged a Russian citizen on 18 June 2020, stating that state agencies of the central government of the Russian Federation tasked him with the killing and that he accepted the assignment BBC News report of the federal prosecutors’ statement, June 2020
Conviction and life sentence, December 2021; court finding that the murder was ordered on the instruction of Russian state agencies; expulsion of two Russian diplomats; victim an asylum seeker in Germany since 2016 who had survived earlier attempts and continued to receive threats BBC News report of the verdict and expulsions, December 2021

ABOUT THE AUTHOR

Julien Moreau is a senior analyst specialising in justice, fundamental rights, constitutional law, and judicial affairs. He is a contributor to The European Post.