Working Group on Restorative Justice & Law

This working group explores how restorative justice redefines foundational concepts in criminal law. Moving beyond restorative programmes, it aims to examine restorative justice as a legal-philosophical perspective that challenges traditional thinking on core criminal justice elements such as views on punishment, responsibility, and the role of victims. The goal is understanding how restorative thinking can reshape legal principles and contribute to more just, participatory, and human-centered criminal justice systems. The focus is both conceptual and practical, seeking integration of restorative principles within existing legal frameworks. To rethink the key concepts and institutes of criminal law from the restorative perspective: How will the current criminal law philosophy, theory and legislation change if we would rethink them from restorative point of view using restorative principles and values? 

The working group’s mission is to critically re-examine core concepts of criminal law through a restorative justice lens, contributing to both legal theory and practice. It aims to understand what restorative justice introduces that is new and why this matters for criminal justice systems. The group’s work is structured in two phases. First, it will explore legal and philosophical questions related to key concepts, such as punishment, responsibility, proportionality, culpability, and rights of the victim. This reflection phase will be carried out through collaborative discussions, aimed at clarifying what the restorative perspective uniquely offers. Second, the group will consider how these new propositions can be integrated into existing legal frameworks, especially restorative justice related legislation. This integrative phase will ask how restorative concepts can be legally articulated in ways that respect current structures while advancing or modernising justice. Rather than reviewing restorative justice related laws in isolation, this phase builds on prior conceptual insights to explore their practical implications for criminal legislation and legal systems. Overall, the group seeks to foster a rigorous space for dialogue that strengthens the theoretical foundations and legal viability of restorative justice. It aims to develop actionable, legally informed insights that can inform future reforms and practices within criminal justice. 
 

What does the restorative justice perspective propose that is new or different? Why is this proposition significant for criminal justice? How can restorative propositions be integrated with or articulated within the existing criminal justice system?

• Valentina Bonini 
• Antonio Buonatesta 
• Margaux Coquet
• Fábio Vieira Heerdt
• Tomáš Horeháj
• Viktória Kaslik
• Marie Keenan
• Petra Šach
• Claudia Mazzucato
• Sylvie Nicole
• Sandra Pavelka
• Eduardo Santos Itoiz
• Roberta Schaller
• Katerina Soulou
• Secretariat Representative: Edit Törzs, EFRJ executive director

January 2025 - December 2026 

The main objective is to reframe key legal concepts in criminal law through restorative justice thinking. This includes philosophical and legal reflection on ideas such as punishment, responsibility, and the victim’s position. The group will explore what restorative justice proposes that challenges traditional legal norms or concepts, focusing first on deep conceptual inquiry through group discussions.
During the first phase (approximately 3–6 meetings), the group will examine these concepts collectively, beginning with punishment. The aim is to reach a shared understanding of how restorative justice reshapes core legal ideas and why these new perspectives matter.
In the second phase, the group will focus on how these conceptual insights can be articulated within existing legal systems. This includes examining whether restorative approaches can align with legal principles and safeguards already in place, and identifying areas of tension or transformation. Rather than mapping legal systems from scratch, the goal is to assess how restorative justice can realistically influence or integrate into criminal legislation and practice.
The group’s work will ultimately support the development of a more coherent legal foundation for restorative justice, rooted in theory but aimed at real-world legal and policy applications. This can inspire both European and national legal texts on restorative justice. 
 

The idea for this working group emerged in response to the Council of Europe Recommendation CM/Rec(2018)8 on Restorative Justice, which called for a fundamental reconsideration of the goals and principles of criminal justice. This recommendation emphasised the transformative potential of restorative justice - not merely as a programme, but as a framework for rethinking legal instruments, particularly in relation to victims’ needs, offender responsibility, and broader systemic reform. A deeper need to explore the relationship between restorative justice and the law was further highlighted during the RE-JUSTICE project, particularly through exchanges with judges and prosecutors. Key academic contributors to that project - such as Ivo Aertsen, Claudia Mazzucato, Helena Soleto, and Katerina Soulou - identified the necessity of ongoing, structured dialogue on this intersection. The first concrete step toward forming a working group was taken by Petra Masopust Šachová and Katerina Soulou who shared the idea with other EFRJ members during the EFRJ Policy Seminar in Pamplona (2023). The event focused on policy and restorative justice, and the proposal for a group dedicated to law and restorative justice resonated with many participants. The topic was even raised in the closing plenary as part of broader reflections on the future of the field. The idea gained further traction at the EFRJ conference in Tallinn (May 2024), where it was revisited in discussions with EFRJ members who expressed interest in joining. This led to the formal establishment of the working group, which aims to support the EFRJ’s policy work by critically engaging with legal foundations and advancing the integration of restorative principles within criminal justice systems.