Protection of Victims Through the European Probation Order: A Contradiction in Terms?

Abstract

[Abstract] This paper examines the European Probation Order (Framework Decision 2008/947/JHA) and its dual aim of enhancing offender rehabilitation while concurrently protecting victims and the general public. However, the legal framework lacks clarity on how victim protection is operationalised, raising concerns about the implementation of recognised post-trial victim rights during the transfer of probation measures. Through doctrinal and normative analysis, the paper reveals that the existing EU instrument designed to support victim rights, the Victims’ Rights Directive, does not adequately consider rights in the post-trial phase, even following its 2026 revision. The paper explores these gaps and evaluates the effectiveness of Framework Decision 947 in ensuring victim protection after sentencing. It reveals significant shortcomings in the current EU framework that prevent victims from fully exercising their rights when probation measures and alternative sanctions are transferred.