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Negotiating Mediation:Aims and obstacles introducing legislative instruments on mediation in criminal cases at European Union level.

van der Does, Vera
June 4, 2015

Source: (2006) Leuven: M.A. paper for MAster in European Criminology. Cetnre for Advanced Legal Studies. Katholieke Universitiet Leuven.

The paper will study the thesis that since the adoption of the Framework Decision on the
Standing of Victims in Criminal Proceedings of 20011 it can be concluded that the European
Union considers restorative justice and victim-offender mediation to fall within its area of
competence. Consequently, the European Union will continue working on these issues,
possibly developing more legislative instruments.
In the first part of the paper I will present the research methodology explaining
objectives, methods, the questionnaire used and the related challenges and limitations. Part
Two will provide background information as regards the recent developments and documents
issued at international and European level. Part Three will evaluate the Framework Decision
as the first legally-binding European Union (hereafter: EU) document and article 10 in
particular. Part Four will present an overview of the key results from the data collected
through the questionnaire answered by respondents from 17 out of the 25 Member States. A
further role of European legislation in respect to restorative justice (hereafter: RJ) and victimoffender
mediation (hereafter: VOM) in the EU is the issue examined in Part Five. (Author’s abstract)

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AbstractEuropeIntergovernmental GuidelinesRJ in SchoolsStatutes and Legislation
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