Transposition of European Legislation into Prosecution Policy Guidelines: The Example of the Dutch Implementation of the Framework Decision on the Standing of Victims in Criminal Proceedings

Abstract

This article discusses the issue whether European law permits framework decisions and directives to be transposed into prosecution policy guidelines, taking the Dutch implementation of the Framework Decision on the standing of victims as an example. Although this Framework Decision was initially intended to be transposed into guidelines of the Public Prosecution Service, the Dutch Government chose to include transposition in the revision of the Code of Criminal Procedure, combining efforts for improvement of the victim's position. This article discusses the legal status of Dutch victim policy and addresses the implementation of the relevant Framework Decision. This article concludes that it follows from the case law of the Court of Justice that the policy rules of the Public Prosecution Service do not have the legally binding nature that the transposition of the relevant Framework Decision requires.