The European Citizen Security and Victim Empowerment Act
Objectives
We call on the European Commission to enact a comprehensive reform of existing European Union directives and regulations concerning victim rights, substantive criminal law, free movement, and border controls. The objective is to provide EU citizens and victims of crime with direct legal and financial mechanisms to hold member state governments accountable when they fail to maintain public order and safety. By establishing mandatory minimum sentences, an automated state fine framework, and a direct digital portal for victim compensation, legislative power is effectively shifted from state bureaucracy directly to the individual.
The 9-Point Legislative Proposal
1. Mandatory Minimum Sentence for Aggravated Sexual Assault and Risk-Based Funding
EU Legal Framework: Action under Article 83(1) TFEU (Eurocrimes - sexual exploitation of women and children).
Legal Text: Aggravated sexual assault—defined as any non-consensual sexual act committed by a perpetrator unknown to the victim prior to the assault, or committed by multiple perpetrators, involving physical violence, weapons, or chemical submission—shall carry a mandatory EU-wide minimum penalty of no less than 20 years of imprisonment. This sentence must be served in its entirety, subject to the maximum restrictions on early parole or conversion into conditional release permitted under European Union human rights standards. For third-country nationals, this sentence shall be immediately followed by a judicial review for lifelong expulsion and a permanent ban on entering the European Union.
Financial Penalty Against the State: The EU Victim Support Fund shall be financed via risk-adjusted member state contributions. If a member state's per capita crime statistics for violent street crime and sexual offences exceed the EU average, its financial contribution to the fund shall automatically increase by 200%, forcing the non-compliant government to directly subsidize victim compensation.
2. Mandatory Minimum Sentence and Expulsion for Drink Spiking
EU Legal Framework: New criminal law regulation for serious cross-border offences.
Legal Text: Chemical submission and spiking—defined as the intentional addition of intoxicating substances, narcotics, or alcohol to a person’s drink or food without their knowledge and explicit consent—shall be criminalized across all EU member states as a serious felony. The offense shall carry a mandatory minimum sentence of no less than 5 years of imprisonment, to be served in its entirety, completely independent of the perpetrator’s alleged intent or subsequent actions. If the perpetrator is a foreign national without legal residency, the prison sentence shall be followed by immediate lifelong expulsion from the European Union.
State Penalties (High Level): If a member state fails to enforce this minimum sentence (e.g., by issuing suspended sentences or early release in breach of this regulation), the state shall face automated EU fines of 200,000 EUR per case, per week until compliance is achieved.
3. State Liability and Asset Restoration in Illegal Property Occupations (Squatting)
EU Legal Framework: Regulation under the scope of the Single Market and the protection of private property rights, aimed at protecting cross-border investment stability.
Legal Text: Member states shall ensure fast-track judicial procedures to immediately nullify domestic tenancy protections or social vulnerability claims upon the legitimate owner presenting valid property deeds. If a member state's law enforcement fails to physically evict illegal occupants and restore the property to its rightful owner within 48 hours of notification, direct state liability is triggered. The member state shall be legally required to continuously and retroactively reimburse the owner for all utility bills, maintenance costs, and verified lost rental income until full physical repossession occurs.
State Penalties (High Level): If a member state neglects this financial obligation or fails to process the victim's reimbursement within the set timeframe, the state shall face automated EU fines of 50,000 EUR per week for each unresolved case until full financial compensation is settled and the eviction is executed.
4. Criminalization and Custody for Aggressive Street Harassment
EU Legal Framework: Amendment to EU directives on the protection of individual integrity in public spaces.
Legal Text: Aggressively stalking, blocking, or verbally harassing a citizen in public spaces shall be established as a standardized criminal offense across all member states. This offense is defined as continuing such behavior after the victim has issued multiple clear, verbal rejections (including, but not limited to, stating "stop" or "leave me alone"). Upon conviction, the offense shall carry a mandatory sentence of either 6 months of imprisonment or 500 hours of mandatory community service. In cases where physical obstruction or blocking is utilized by the perpetrator, the penalty shall automatically be increased to a mandatory minimum sentence of no less than 1 year of imprisonment.
State Penalties (Medium Level): If national authorities dismiss or fail to prosecute verified cases where objective evidence (CCTV or witness testimony) is present, the member state shall face automated fines of 10,000 EUR per case, paid directly into the EU Victim Support Fund.
5. Mandatory Pre-Trial Detention and Sentencing for Multi-Recidivism
EU Legal Framework: New regulation on minimum standards for criminal proceedings and public safety.
Legal Text: Mandatory pre-trial detention shall be applied to all individuals apprehended for violent crimes, sexual offenses, or multi-recidivism. Multi-recidivism is uniformly defined across the European Union as an individual being apprehended or convicted for three or more offenses (including petty theft and pickpocketing, regardless of financial value) within a 24-month window. Following conviction, a mandatory sentence of no less than 3 years of imprisonment without the possibility of conditional release shall be imposed. These judicial rules shall apply identically to all individuals regardless of gender.
State Penalties (High Level): If a member state releases a multi-recidivist individual prior to trial, an emergency EU enforcement mechanism is triggered. Following a maximum 90-day review period, the state shall be fined 250,000 EUR per day for as long as the individual remains free.
6. Universal Equality Before the Law and Abolition of Procedural Loopholes
EU Legal Framework: General criminal justice directive on absolute equality before the law.
Legal Text: All criminal penalties, including pre-trial detention, imprisonment, and expulsion, must be applied identically to all individuals, completely independent of the perpetrator’s gender, family status, or personal and medical conditions (such as pregnancy or alleged pregnancy). Physiological or social circumstances shall never serve as a legal basis for deferred sentences, home arrest, or mitigation of penalties for serious crimes or multi-recidivism. Prison and detention authorities are required to hold such individuals in specialized, medically equipped secure units within the prison system without pausing the execution of the sentence, ensuring sentence execution is maintained while respecting the absolute limits of human dignity.
State Penalties (Medium Level): If a national court grants home arrest or sentence deferral based on personal or medical conditions for serious crimes or multi-recidivism, the member state shall face automated EU fines of 50,000 EUR per week for each uncorrected case.
7. License-Free and Legal Pepper Spray as a Civil Safety Product
EU Legal Framework: Directive harmonizing the internal market for civil security goods.
Legal Text: The manufacture, sale, possession, and carrying of certified, non-lethal self-defense sprays (pepper spray) shall be established as a legal right for all citizens (15 years or older) across the European Union. No personal permits, behavioral certificates, or weapon licenses may be demanded by member states, provided the product is bought from a licensed retailer. All national prohibitions against carrying these items are immediately repealed.
State Penalties (Proportional Level): Any state official or officer who confiscates a certified spray from a citizen shall face a mandatory personal administrative fine of 500 EUR, deducted directly from their department's budget. States refusing to align their national laws with this directive shall face administrative EU fines of 25,000 EUR per day.
8. Mandatory Identification, Transport, and Custody for Illegal Stay
EU Legal Framework: Comprehensive reform of the EU Return Directive (2008/115/EC).
Legal Text: Law enforcement authorities across all member states are under a binding obligation to conduct identity checks whenever there is a reasonable suspicion of illegal stay. Officers are legally prohibited from ignoring or avoiding checking individuals in public spaces. From the exact moment a person is stopped and found to lack valid identification or legal rights to reside within the European Union, the individual must be immediately transported to the nearest police facility and placed into secure custody (detention cell),or fitted with a 24/7 electronic monitoring anklet on-site. National authorities and courts are barred from citing logistical hurdles, overcrowding, or equipment shortages to bypass this immediate custody and transport obligation.
State Penalties (High Level): If law enforcement fails to check, transport, or detain an undocumented individual, releasing them back into public spaces, the member state shall face automated daily European Union fines of 0,01% of the country's daily GDP for each individual infraction until custody is secured or expulsion is executed, operating under a standardized enforcement framework calibrated to ensure strict compliance.
9. Mandatory Prison Sentence for Immigration Entry Ban Violations
EU Legal Framework: Reform of the Schengen Borders Code and the Return Directive.
Legal Text: Any individual previously expelled from European Union territory under a formal entry ban who is subsequently apprehended illegally within the Union shall face a mandatory, fixed prison sentence of no less than 3 years of imprisonment. No mitigating factors, bureaucratic delays, or subsequent asylum applications may pause, reduce, or cancel the execution of this custodial sentence; any such asylum applications shall be processed under an accelerated emergency procedure while the individual remains in secure custody. Upon serving the sentence in a secure facility, immediate expulsion shall be executed.
State Penalties (Medium Level): If a member state fails to detain an individual who has violated an entry ban, or grants them temporary freedom during immigration reviews, the state shall be fined 25,000 EUR per day, per individual left unsecured.
DIRECT CITIZEN ACTION KLAUSUL
To ensure that citizens and victims of crime are not dependent on slow national court systems, the following automated mechanism is established:
Digital EU Claim Portal: Victims log into an encrypted EU portal using national digital IDs. The process is completely free of charge and operates entirely without the need for legal counsel, applying equally to all citizens regardless of gender.
Immediate Financial Relief (90 Days): Victims of any physical assault or public sexual harassment/groping by a stranger shall receive a fixed compensation of 5,000 EUR within 90 days. Victims of serious aggravated assaults, drink spiking, or rape shall receive 25,000 EUR within 90 days (with an emergency advance of 10,000 EUR within 14 days). Funds are released based on the initial police report and objective physical or technical evidence (CCTV, witness reports, forensic data, or medical toxicology). The payout is entirely detached from whether a final court conviction against the perpetrator has been reached yet.
Fraud Prevention: Evident fabrication of claims to illicitly acquire funds from the EU Support Fund shall be treated as an intentional financial crime against the European Union, carrying a mandatory minimum sentence of 2 years of imprisonment and an automated fine of the claimed amount.
EU Enforcement: Once the EU Fund compensates the citizen, the European Union legally assumes the claim and demands immediate reimbursement from the faulty member state's government. If the state fails to reimburse the fund within 30 days, the exact amount is automatically docked and withheld from the EU structural and regional development funds otherwise allocated to that member state.
The opinions expressed on the ECI Forum reflect solely the point of view of their authors and can in no way be taken to reflect the position of the European Commission or of the European Union.

Leave a comment