Challenging the decision not to prosecute

Victims must be offered an effective legal remedy against a decision by the public prosecutor not to prosecute, or to discontinue proceedings. This right is protected both by the ECtHR and the Charter. How this right is implemented differs across the EU Member States. In some Member States victims may file for a review of the decision, in others victims have the right to institute a private prosecution if the prosecutor decides to drop the charges. The table below shows that some Member States offer victims both options.

 

EU Member States' implementation of the right to an effective legal remedy against a decision by the public prosecutor not to prosecute
  Right to file for a review Right to institute private prosecution
AT
BE  
BG
CY    
CZ  
DE
DK  
EE  
EL  
ES
FI
FR
HR
HU
IE  
IT  
LT
LU
LV  
MT    
NL  
PL
PT  
RO  
SE
SI
SK  
UK
Total 25 15

Implementation of right to an effective legal remedy against a decision by the public prosecutor not to prosecute or to discontinue proceedings

 
 

Source: FRA, 2014

  Right to file for a review and right to institute private prosecution
  Right to file for a review
  Right to institute private prosecution
  No implementation