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.
|Right to file for a review||Right to institute private prosecution|
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|