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Chapter 2 Austria - CEP, the European Organisation for Probation

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In keeping with <strong>the</strong> <strong>European</strong> trend, victim orientation in criminal law isexpected to continue in <strong>Austria</strong>, too. The important thing is that <strong>the</strong> delicatebalance between <strong>the</strong> right to a fair trial and <strong>the</strong> consideration <strong>for</strong> <strong>the</strong> interest of<strong>the</strong> victim must be upheld in criminal proceedings. It seems possible to do so.However, if <strong>the</strong> scales are tipped to one side, this will be to <strong>the</strong> detriment ofprotecting fundamental rights and thus <strong>the</strong> rule of law, which in turn is a pillar ofour democratic systems. NEUSTART is committed, to offer assistance or supportto victims so that <strong>the</strong>y can cope with <strong>the</strong>ir situation as good as possible and todevelop ways to leave behind being a victim.7.7 NEUSTART in <strong>the</strong> German Land Baden-WürttembergAs per 1 January 2007 <strong>the</strong> Land Baden-Württemberg entrusted NEUSTARTgGmbH Baden-Württemberg, a subsidiary of NEUSTART, with <strong>the</strong> tasks ofprobation work and court assistance (Gerichtshilfe). This is an importantdevelopment: firstly, it marks <strong>the</strong> first time in its 50 years of history thatNEUSTART is working outside of <strong>Austria</strong>. Secondly, this is <strong>the</strong> first time that anon-profit association is mandated to fulfil <strong>the</strong> tasks of probation work and courtassistance in Germany. The decision was preceded by a two-year regional pilotproject in Stuttgart and Tübingen and a Europe-wide invitation to tender under<strong>the</strong> competitive dialogue regime. The relations with NEUSTART are governed bya general contract entered into with <strong>the</strong> Land Baden-Württemberg <strong>for</strong> a period often years. The services agreed upon mainly serve to improve <strong>the</strong> efficiency andtransparency of probation work and court assistance:- uni<strong>for</strong>m quality standards <strong>for</strong> probation services and court assistance as wellas mediation in penal matters. These standards are set <strong>for</strong>th in a qualitymanual. Ongoing quality development and quality assurance will play animportant role in this context;- introduction of a concept of support levels in probation work which are gearedto needs and resources;- introduction of a management structure in professional and organizationalrespects: responsibility <strong>for</strong> <strong>the</strong> practical execution of tasks with clients lieswithin social work staff, <strong>the</strong> organization is structured according to economicaspects, based on modern methods of personnel management, such as <strong>the</strong>EFQM model;- integration of court assistance into <strong>the</strong> overall organization;- expansion of mediation in penal matters <strong>for</strong> adults;- establishment of a volunteer probation service system in addition toprofessionals;- introduction of a concept of regional agencies, with nine centres each headedby a regional manager in <strong>the</strong> land;- installation of a computer-based system to document social work;- establishment of a uni<strong>for</strong>m personnel development and continuing educationsystem;- cooperation agreements with partner organizations, such as associationssupporting offenders and independent welfare organizations, <strong>for</strong> moreeffective networking.

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