Access to Compensation in Cross-Border Cases

Council Directive 2004/80/EC of 29 April, 2004 came into effect on 1 January 2006.

The purpose of the Directive is to facilitate a citizen who has suffered personal injury as a result of a crime of violence in making a claim for compensation to the appropriate authority in the EU member state where the incident took place.

Under the terms of the Directive, the Criminal Injuries Compensation Tribunal has been designated as the Transmitting and Receiving Authority for Ireland.

A resident of Ireland who suffers injury as a result of a crime of violence when visiting another EU Member State can apply to the state where the incident occurred for compensation.

The applicant has the option of going directly to the Compensation to Crime Victims section of the European Commission’s eJustice portal and obtaining the application form there and pursuing his/her application directly with the receiving authority in the Member State concerned.

Alternatively the applicant has the option of contacting the Criminal Injuries Compensation Tribunal who can provide liaison services for the applicant. When notified of an incident, the Tribunal can obtain the necessary application documentation from the other EU Member State authority and pass it on to the applicant for completion. If the receiving state does not accept applications in the English language, the Tribunal can arrange for translation of the documentation at no cost to the applicant.

Should the applicant wish to use the Criminal Injuries Compensation Tribunal as a liaison, any correspondence that arises between the applicant and the receiving state in relation to the application can also be routed through the Tribunal, if the applicant so wishes. It is important to note that the application will be processed by the appropriate authority in the state where the incident occurred, in accordance with the compensation provisions in that state.

A resident of another EU Member State or any visitor from another jurisdiction) who suffers injury as a result of a crime of violence when visiting Ireland can apply to the Criminal Injuries Compensation Tribunal for compensation. The terms and conditions of the Irish Scheme and the application forms are available here: http://www.justice.ie/en/JELR/Pages/WP15000110

The Tribunal is available to provide assistance and contact details of the Tribunal are as follows: