1) Member States shall ensure that victims, in accordance with their role in the relevant criminal justice system, have the right to a review of a decision not to prosecute. The procedural rules for such a review shall be determined by national law.

Where, in accordance with national law, the role of the victim in the relevant criminal justice system will be established only after a decision to prosecute the offender has been taken, Member States shall ensure that at least the victims of serious crimes have the right to a review of a decision not to prosecute. The procedural rules for such a review shall be determined by national law.

2) Member States shall ensure that where victims are notified without unnecessary delay of their right to receive of a decision not to prosecute, they are informed of their right to a review of the decision and are provided with sufficient information to decide whether to request a review of any decision not to prosecute upon request.

3) Member States shall provide a reasonable deadline from the notification of the decision for victims to submit a request for a review, taking into account the circumstances of the victim, in particular if they are resident of a Member State other than that where the criminal offence was committed or where they require linguistic or legal assistance to submit a request for review. Member States shall allow in accordance with national procedural rules the extension of deadlines where victims provide reasonable explanations for a delay.

4) Where the decision not to prosecute is taken by the highest prosecuting authority against whose decision no review may be carried out under national law, the review may be carried out by the same authority.

5) Paragraphs 1-3–4 shall not apply to a decision of the prosecutor not to prosecute, if such a decision results in an out-of-court settlement, in so far as national law makes such provision.

The European Commission did not make changes to this right in its proposal.

The right to review decisions not to prosecute supports the rule of law, and aims to identify and adjudicate against those guilty of committing crimes. It recognises that, however well trained and professional individuals are, mistakes can be made, and abuse of the system may occur: information may be missed or ignored; officials may be overwhelmed by work and miss the importance of specific evidence; corruption or personal biases may unduly influence decisions, etc. However, victims are currently experiencing barriers in exercising this right, namely: strict time limits for submitting a request to review, insufficient explanation for a decision not to prosecute, and complexity of the application to submit a review request. Due to the complex nature of this procedure across Member States, victims often do not have sufficient knowledge and expertise to pursue a claim and submit the required application documents on time. The emphasis on the role of victims may be used as a further way to restrict victims’ access to this right.

The VSE proposal reflects the right to an effective investigation for every victim of crime, following Article 47 of the EU Charter of Fundamental Rights. The proposal addresses the practical barriers to exercising this right. It ensures that all victims receive an appropriate, easy to understand communication of the decision not to prosecute, which allows victims to determine whether they should seek a review and on what grounds. It also ensures sufficient time is available for the submission of a review request and introduces the opportunity to request a reasonable extension of the submission deadline; specifically, when victims require the support of a translator or a lawyer.