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3 ERA F. 1 (2002)

handle is hein.journals/erafrum3 and id is 1 raw text is: -' C i,,r V - r',I ERA-Forum -~ ii scripta iuris europaei ~A ~k~t.A 144 1 - 2002 CONTENTS Peter J Curren and Sofia Moreira de Sousa page 1 EDITORIAL. ED IT OI L ------------ --------- ---------- ARTICLES................... Willie McCarney age 2 Restorative Justice: International Approaches Brian Gormally page 14 The Third Corner and the Second Pillar:The Community and Restorative Justice in Northern Ireland Bill Lockhart page 1s Restorative Justice: State-led or Community-led? Christa Pelikan page 22 The Council of Europe Recommendation No. R. (99) 19 concerning Mediation in Penal Matters Katrien Lauwaert and page 27 lyo Aertsen Restorative Justice:Activities and Expectations at European Level Jan J.M. van Dijk page 33 mpoweringVictims of Organized Crime; on the Compliance of the Palermo Convention with the UN Declaration on Basic Principles of Justice for Victims Peter Rook page 37 The Standing of Victims in the English Criminal Justice System Claudio Keiser page 39 Die Stellung des Opfers im deutscken Strafrechtssystem Michael Kltchling page 44 Beschleunigte Verfahren und Schlichtung als opferrelevante Optionen in Deutschland ? Paul Crosland page 49 Victim-Offender Mediation: Possibilities & Standards in the UK Richard Crowe page 52 Case Law of the Community Courts ERA - INFOS:. page 60 A publication of: Acaderny of European Law Trier Europaische Rechtsakademie Trier Acadenmie de Droit Europeen deTraves Editorial sū-'u. .' Ts sse of tr RA ns - eea selection of papers presentec at two ERA .e -ts *w-ich too< alace on 25-26 October ard 5-6 November 2001, r Belfast and Trier rescectively.The frst was dedicatec to Restoratve Justice and the secord to the rarrower topic of ProtectingVictims ofCrime in the European Union. These events were both organised by the ERA section working on Justice and Home Afars :ssues in the EU. The EU's legal framework fo co-operation in justice and Home Affai's is rcreas ngly having an impact upon criminal law, whether in legislative terms ori r terms of creasing the connections and exchange of iceas ietween rational systems of criminal justice arc the actors within those systems. One of the main ideas of the restorative iustice seminar was inceed to gather together ndividuals concerned w th issues of restorative justice in a variety of diffenent legal systems.A number of different actors in the process of restorative justice were rnvited to share their excertise with each other and with audiences mainly consisting of legal practitioners: judges, academics. representatives f-om community groups and from police. among others. Mary of the participants had peen involved in developing different schemes of restorative justice. on a national, European and internationa. level. The organisers of this conference were very conscious of the re.evance of the topic of restorative just ce to Northern Ireland. Northern Ireland was chosen as a common law jurisdiction which was studyng very attentively tne applicability of restorative justice reforms and the shape they should take. Restorative justice programmes are being put into place all around the wor d: a number of uropean countries are currently studying the drstinctive contribution that restorative justice offers to the reform of the criminal justice system, and how it can help respond to conventional c-mes. This seminar was an opportunity to have a European debate in a very particular tat onal context, that of Northern Ireland, with all its well-known problems. In our view, one of the important points emerging from the Belfast conference was that restorative justice should not be regarded as a foreign body within the traditional criminal uslice system. After all, restorative justice addresses and balances existing clear objectives of criminal policy such as: rehabilitation and preventior of -e-offerding compensating the harm ciused by crime: and meeting victims' needs in other ways, for example by involving them, v'aee appropriate, in mediation efforts. T use themes of victim protection and mediation received closer scrutiny from experts tou'g in Trier at the seminar concerning the protection of victims of crime in the European arr 1. [a. ' ; G or Se r',22 s! ('U:,('. r., f''i',' > a 2 r 'e.l;-:,:r' : . > , e. 1 0, C'r''o e So, 3_. fovrme Coarse Director Acaoemy o, cuLroriear L(11. 'Cre rhe lecture style of the papers has been broadly retaimed. David Mier paper to the conference on protecting victims was published in issue 4-20001 of the Forurn (see Compensatorn Possibilities ir' the UK'. pp. 88-94; then. Peter Cullen. Sofia de Sousa and judith Lenssen. ..drsmay wash to note that later this year the European Forum for victim-Offender Mediatior and Restorative ie. Leuven, is organising a major conference in Bucharest on the role of Restorative justie programmes in omean rnmrinal ustce systems (10-1 2 Octooer 2002). The ERA will be supporting this event: more informatior m.u ceukterea.iirt.