VICTIMS’ RIGHTS IN EU CRIMINAL LAW AND CROATIAN PRACTICE

LEGAL STANDARDS AND IMPLEMENTATION GAPS

Abstract

This paper examines the development of victims’ rights in European Union criminal law and their implementation in the Croatian legal system. It focuses on the normative framework established at the EU level, in particular Directive 2012/29/EU and related instruments, and analyses how these standards are reflected in Croatian legislation and judicial practice. Special attention is given to the case law of the Constitutional Court of the Republic of Croatia, which provides valuable insight into the practical application of victim protection standards. The analysis shows that, while the Croatian legal framework is largely aligned with EU law, certain challenges remain in practice. These are particularly evident in cases where courts apply procedural rules in a formalistic manner or fail to take into account the psychological consequences of trauma and the specific needs of vulnerable victims. At the same time, certain case law demonstrates a more developed, victim-oriented approach, especially in cases involving children and victims of serious forms of violence. The paper highlights the importance of balancing the rights of victims with the rights of the defence, as well as the need for a consistent application of legal standards. It concludes that the main difficulty lies not in the absence of legal norms, but in their effective and sensitive application in practice. In this regard, further professional training, greater awareness of trauma-related issues and the strengthening of institutional support mechanisms are essential for ensuring effective protection of victims’ rights in line with European standards.