Key facts of the case:
References for a preliminary ruling: Audiencia provincial de Tarragona - Spain.
Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Domestic crimes - Obligation to impose as an ancillary penalty an injunction prohibiting the offender from approaching the victim of the offence - Choice of forms of penalty and level of penalty - Compatibility with Articles 2, 3 and 8 of the Framework Decision - Provision of national law excluding mediation in criminal cases - Compatibility with Article 10 of the Framework Decision.
Outcome of the case:
In the light of the foregoing considerations, I suggest that the Court should answer the reference for a preliminary ruling as follows:
75) Finally, it is also necessary to consider the Charter of Fundamental Rights to which the Commission in particular refers. In the Commission’s view, the obligation on the Member States contained in Article 2(1) of the Framework Decision to recognise the rights of victims in criminal proceedings also means that the Member States must safeguard all rights under the Charter of Fundamental Rights. The Commission therefore examines an infringement of Article 7 of the Charter, which lays down the right to respect for private and family life.
77) In the present case the question does not arise either as to the interpretation of Article 51(1) of the Charter of Fundamental Rights, which determines its scope. Pursuant to that provision, the Charter applies to the Member States ‘only when they are implementing Union law’. It has not yet been conclusively clarified whether this should be understood restrictively or comprehensively means all cases in which a national provision comes within the field of application of EU law. (26)