The evolution of European Union criminal law (1957-2012)

interpret the national norms of criminal procedure in light of the EU Framework
Decision. Consequently, those young children, victims of maltreatment, were to be
authorised to give their testimony in accordance with arrangements that guaranteed
them an appropriate level of protection. This decision was controversial - not least
because it increased the scope of national law. 509
To be sure, the role of the victim is also acknowledged in the text of many framework
decisions. The Framework Decision on terrorism, for instance, provides that
investigations and prosecutions shall not be dependent upon a complaint by a victim
and that Member States must provide support to victims’ families. 510 The Framework
Decision on trafficking in human beings and the Framework Decision on sexual
exploitation of children contain similar provisions with the additional condition that
children should be considered as ‘particularly vulnerable’ (interpretation also
confirmed by the CJEU in the Pupino case). 511 The Framework Decision on organised
crime also mentions that investigation and prosecution shall not be dependent on the
complaint of the victim. 512
The idea of protection of the victim at EU level appeared to have at this stage at least
two particular features. The first relates to the type of victim in question. EU law
focuses more on the protection of particularly vulnerable victims than on any other
victim (along the lines of the Pupino case and other framework decisions). Second, the
protection of the victim often suits prosecutorial goals as it focuses largely on the
procedural conditions for the victim to provide evidence and be a part of the
investigation and judicial process and for the latter not to be dependant on the victims’
will to initiate or pursue criminal proceedings. The fine line between the protection of
the victim and its prosecutorial benefits is clearly seen in relation to third country
nationals, victims of trafficking in human beings. The Council Directive on the
residence permit issued to third-country nationals who are victims of trafficking in
human beings who cooperate with the competent authorities, for example, defines the
conditions for national authorities to grant short term residence permits (generally 6
509 The principle of indirect effect had only been recognised thus far in relation to first pillar
instruments and this obligation appeared as conflictual to some degree given the ‘weak’ legal
nature that that framework decision had been imbued with. Para 43 and 61 of the judgement,
Case C-105/03, Pupino, supra note 390. Recently the Court further clarified that the same
Framework Decision aimed at ensuring the victims’ rights of participation in the criminal
procedure; whilst this did not preclude a Member State to impose mandatory penalties of a
minimal duration even against the victim’s wishes, Joined cases C-483/09 and C-1/10, Gueye and
Salmeron Sanchez, 15 September 2011, decision not yet published.
510 Council Framework Decision 2002/475/JHA, Article 10, supra note 413.
511 Council Framework Decision 2004/68/JHA, Article 7, supra note 414.
512 Council Framework Decision 2008/841/JHA, Article 8, supra note 416.
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