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Towards the end of the
twentieth century a new type of conflict resolution has emerged
rivalling the traditional approach of legal settlement.
Consensual models of conflict resolution are being propagated as
alternatives to the classical pattern of confrontation.
This development has been variously described as community
justice, restorative justice, informal justice etc.
Restorative justice is regarded as an alternative model of
criminal justice. It is defined as a unique response to
crime to be distinguished from both the rehabilitative
and retributive responses. The emphasis in this
model is on reparation and prevention rather than on the
infliction of punishment. The model offers victims more control
over the decision-making mechanism than traditional procedure.
It mobilizes the local community in addressing crime
problems.
Restorative justice is a new idea for the Bulgarian
experience. The numerous advantages of this form of justice
are unknown for the general public as well as
for the lawyers.
At the same time the crisis in the
functioning of the criminal justice system in Bulgaria
is generally recognized. Particularly deep is the
dissatisfaction of the victims who are largely neglected. The
extremely long, tortuous trial often causes secondary
victimization.
The Institute considers that restorative
justice is the relevant response to the needs
of society and Bulgarian criminal justice system. The
information campaign, educational program, workshop etc.
to be launched in the framework of this project aim
to increase public awareness of the benefits of restorative
justice. The training in law faculties in the principles
of restorative justice will create an environment
that is friendly and favorable to this new idea.
Special attention will be paid to dissemination of
this knowledge among policy-makers, legal
practitioners, police officers, social workers and members
of NGOs. The study visits to countries with
long-standing traditions in restorative justice will help in
the training of professionals ready to implement restorative
justice principles in practice. The research work
to be undertaken has as an objective further development of the
restorative justice theory and practice and formulation
of proposals de lege ferenda. Our long-term
goal is to promote restorative justice to be established as
a form of criminal justice process.
2. COST Action A 21-
Restorative Justice Developments in Europe ( 2002 - 2006 )
In partnership with researchers
from 20 European countries
Coordinator: Prof. Ivo
Aertsen, Catholic University of Leuven, Belgium
According to the Memorandum of Understanding,
the main objective of the Action is to enhance and to deepen knowledge on
theoretical and practical aspects of restorative justice in Europe, with a
view to supporting implementation strategies in a scientifically sound way.
In the technical annex, it is defined that, in
order to reach this general objective, a network of researchers will be
created to:
1. exchange and discuss research needs, methods and results;
2. co-ordinate research projects in the respective countries as far as
possible and desirable;
3. stimulate or support further (common) research projects.
More precisely, the Action is
focused on analysing:
- the process and the effects of victim-offender mediation and conferencing;
- national recording systems;
- national legislation in relation to victim-offender mediation;
- the relation between criminal justice and restorative justice
practices and agencies;
- training models and the experience of training legal professionals
in the restorative justice area;
- new restorative justice models and applications;
- theoretical concepts, approaches and frameworks on restorative
justice.
Working Groups:
Working Group 1: Evaluative research on restorative justice practices
Co-ordinator: Ida Hylde, Norway
Working Group 2: Policy oriented research on restorative justice
developments
Co-ordinator: Michael Kilchling, Germany
W orking Group 3: Theoretical Research – Co-ordinator:
Robert Mackay, UK
Working Group 4: Restorative Justice, Violent Conflicts and Mass
Victimization
Co-ordinator: Jana Arsovska
Meetings held:
2003: Lisbon, Portugal and
Freiburg, Germany
2004: Kristiansand,
Norway, Amsterdam,
The Netherlands and Budapest,
Hungary
2005: Ljubljana,
Slovenia and Maastricht,
The Netherlands
2006: Tel Aviv, Israel,
Warsaw, Poland, Final conference
Workshops held:
Institutionalization of
Restorative Justice in a Changing
Society, Leuven, Belgium, 2004
Structuring the
Landscape of Restorative
Justice Theory, Maastricht, The
Netherlands, 2005
Joint Data Recording
Systems, Bremen,
Germany,
2005
Restorative Justice and the
Contact Hypothesis in managing ethno-national conflicts - Tel
Aviv, Israel, 2006
Publications: under preparation
Web-site: www.euforumrj.org/projects.COST.htm
Final COST Action A21
Conference “Restorative Justice Research in
Europe: Outcomes and
Challenges ”
22-24 November 2006, Warsaw
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