Il difficile cammino verso una “tutela integrata” delle donne vittime di violenza nello spazio di libertà, sicurezza e giustizia: sviluppi normativi e perduranti profili di criticità

Abstract

In the multilevel system of protection of fundamental rights, the protection of women victims of violence, who are vulnerable persons, is based on the principle of non-discrimination laid down in EU law (Art. 21 of the Charter of Fundamental Rights of the European Union). The protection of women victims of violence also falls within the scope of civil and criminal judicial cooperation policies of the Area of Freedom, Security and Justice (Article 3, para. 2 TEU). Of particular importance is the “integrated” system of protective measures, provided for by Regulation no. 606/2013 and Directive 2011/99/EU on the European protection order. Finally, Directive 2012/29/EU on victims of crime has provided the national legislators in the Member States with new procedural guarantees for victims of gender-based violence, who represent a category of particularly vulnerable subjects in the criminal proceedings. The paper highlights issues arising from the implementation of such European legislation. For example, European protection orders are not yet widely used in judicial practice and we do not yet have much information in this respect. Following the possible conclusion of the EU accession process to the Convention of Istanbul, it is hoped that a new, comprehensive, rather than fragmented regulatory framework to protect women victims of violence in the EU will be established.