12. European Protection Order (Mutual Recognition of Protection Orders)

Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order – Explanatory memorandum’, 17513/09, ADD 1, REV 1, p. 3.

See, for example: Lukáč (2015), pp. 132–141.

Council of Europe (1985): ‘Recommendation No. R (85) 11 of the Committee of Ministers to Member States Committee of Ministers to Member States on the position of the victim in the framework of criminal law and procedure’, 28th June 1985.

Recital 5 of the Recommendation No. R (85) 11 on the position of the victim in the framework of criminal law and procedure.

Council of Europe (2002): ‘Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence’, 30th April 2002.

Point II of the Recommendation Rec(2002)5 on the protection of women against violence.

Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order – Explanatory memorandum’, 17513/09, ADD 1, REV 1, p. 4; Klimek (2011), p . 1313; Ivor et al. (2013), p. 480.

Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon. Official Journal of the European Union, C 83/47 of 30th March 2010.

Article 82(2)(c) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon.

European Council (2009): ‘Stockholm Programme – An open and secure Europe serving and protecting citizens’. Official Journal of the European Union, C 115/1 of 4th May 2010; see also: European Commission (2010): ‘Delivering an area of freedom, security and justice for Europe’s citizens: Action Plan Implementing the Stockholm Programme’, communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2010) 171 final.

Point 3.1.1. of the Stockholm Programme.

European Parliament resolution of 26th November 2009 on the elimination of violence against women (2010/C 285 E/07). Official Journal of the European Union, C 285 E/53 of 21st October 2010.

European Parliament resolution of 10th February 2010 on equality between women and men in the European Union—2009 (2009/2101(INI)). Official Journal of the European Union, C 341E/35 of 16th December 2010.

Resolution of the Council of 10th June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings. Official Journal of the European Union, C 187/1 of 28th June 2011.

Mitsilegas (2015), p. 317.

Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Hungary, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Finland and the Kingdom of Sweden with a view to the adoption of a Directive of the European Parliament and of the Council on the European Protection Order (2010/C 69/02). Official Journal of the European Union, C 69/5 of 18th March 2010; see also: Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European protection order – Explanatory memorandum’, 17513/09, ADD 1, REV 1; Council of the European Union (2010): ‘Initiative […] on the European protection order – Detailed statement allowing to appraise compliance with the principles of subsidiarity and proportionality in accordance with Article 5 of Protocol (No 2) to the Lisbon Treaty’, 17513/09, ADD 2, REV 1.

Peers (2011), p. 296; Klimek (2014), p. 551.

Záhora (2010), p. 44; Trybus and Rubini (2012), p. 248.

Directive 2011/99/EU of the European Parliament and of the Council of 13th December 2011 on the European protection order. Official Journal of the European Union, L 338/2 of 21st December 2011.

United Kingdom and Ireland are not taking part in the adoption of the Directive and are not bound by it or subject to its application, in accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. Official Journal of the European Union, C 83/295 of 30th March 2010.

Denmark is not taking part in the adoption of the Directive and is not bound by it or subject to its application, in accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. Official Journal of the European Union, C 83/299 of 30th March 2010.

Directive 2014/41/EU of the European Parliament and of the Council of 3rd April 2014 regarding the European investigation order in criminal matters. Official Journal of the European Union, L 130/1 of 1st May 2014.

Article 34(2)(b) of the Treaty on European Union as amended by the Treaty of Amsterdam. Official Journal of the European Communities, C 340 of 10th November 1997; Article 34(2)(b) of the Treaty on European Union as amended by the Treaty of Nice. Official Journal of the European Union, C 321/E/5 of 29th December 2006.

Article 82(2) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon.

Article 1 of the Directive 2011/99/EU on the European protection order; see also: Ryckman et al. (2009), p. 12 1; Mitsilegas (2015), p. 317; Vermeulen and De Bondt (2015), p. 117.

Recital 39 of the Directive 2011/99/EU on the European protection order.

Recital 7 of the Directive 2011/99/EU on the European protection order.

Recital 8 of the Directive 2011/99/EU on the European protection order.

Council Framework Decision 2008/947/JHA of 27th November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 337/102 of 16th December 2008.

Council Framework Decision 2009/829/JHA of 23rd October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. Official Journal of the European Union, L 294/20 of 11th November 2009.

Recital 33 of the Directive 2011/99/EU on the European protection order.

Article 1(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Van der Aa and Ouwerkerk (2011), p. 276.

Article 1 of the Framework Decision 2009/829/JHA on mutual recognition of supervision measures as an alternative to provisional detention.

Van der Aa and Ouwerkerk (2011), p. 274.

Charter of Fundamental Rights of the European Union. Official Journal of the European Union, C 83/389 of 30th March 2010.

Convention for the Protection of Human Rights and Fundamental Freedoms. Council of Europe, European Treaty Series No. 5 [1950], Rome, 4th November 1950.

Article 20(1) of the Directive 2011/99/EU on the European protection order.

Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as amended by the Regulation (EU) No 156/2012. Official Journal of the European Communities, L 12/1 of 16th January 2001.

Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 as amended by the Regulation (EC) No 2116/2004. Official Journal of the European Union, L 338/1 of 23rd December 2003.

Hague Convention on the Civil Aspects of International Child Abduction of 25th October 1980.

Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children of 19th October 1996. Official Journal of the European Union, L 151/39 of 11th June 2008; see the Council Decision 2008/431/EC of 5th June 2008 authorising certain Member States to ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law—Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children. Official Journal of the European Union, L 151/36 of 11th June 2008.

Article 19(1)(2) of the Directive 2011/99/EU on the European protection order.

Council of the European Union (2010): ‘Initiative […] on the European protection order – Detailed statement allowing to appraise compliance with the principles of subsidiarity and proportionality in accordance with Article 5 of Protocol (No 2) to the Lisbon Treaty’, 17513/09, ADD 2, REV 1, p. 27 et seq.

Treaty of Lisbon amending the Treaty Establishing the European Union and the Treaty Establishing the European Community. Official Journal of the European Union, C 306/231 of 13th December 2006. It was signed on 13th December 2007 in Lisbon (Portugal) and came into force on 1st December 2009.

Various synonyms of the term protection order exist. For example, in national laws of the Member States of the EU can be observed equivalents or closely related terms such as protective order, restraining order, stay-away order, or even no-contact order; details see: Van der Aa (2012), pp. 183–204.

Article 2(1) of the Directive 2011/99/EU on the European protection order; see also: Mitsilegas (2015), p. 317.

Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order – Explanatory memorandum’, 17513/09, ADD 1, REV 1, p. 11.

Recital 9 of the Directive 2011/99/EU on the European protection order.

Bradley (2014), p. 121.

Article 2(2) of the Directive 2011/99/EU on the European protection order.

Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order – Explanatory memorandum’, 17513/09, ADD 1, REV 1, p. 12.

European Data Protection Supervisor (2010): ‘Opinion of the European Data Protection Supervisor on the Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order, and on the Initiative […] regarding the European Investigation Order in criminal matters’, Official Journal of the European Union, C 355/1 of 29th December 2010.

This, however, should not exclude the possibility to transfer the European protection order to a Member State of the EU other than the State executing decisions based on mentioned framework decisions.

Article 2(1)(2)(3)(4) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 4(a)(b) of the Framework Decision 2009/829/JHA on mutual recognition of supervision measures as an alternative to provisional detention.

Article 2(3)(4) of the Directive 2011/99/EU on the European protection order.

Article 2(5)(6)(7) of the Directive 2011/99/EU on the European protection order.

Recital 10 of the Directive 2011/99/EU on the European protection order.

Atanasov et al. (2015), pp. 35–36.

Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters. Official Journal of the European Union, L 181/4 of 29th June 2013; see also: Commission Implementing Regulation (EU) No 939/2014 of 2nd September 2014 establishing the certificates referred to in Articles 5 and 14 of Regulation (EU) No 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters. Official Journal of the European Union, L 263/10 of 3rd September 2014.

Article 1 of the Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.

Article 2(1) of the Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.

European Commission (2011): ‘Proposal for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters’, COM(2011) 276 final, p. 3.

Freixes and Román (2014), pp. 15 and 16.

Vermeulen et al. (2012), p. 45.

Recital 10 of the Directive 2011/99/EU on the European protection order.

Recital 8 of the Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.

Directive 2012/29/EU of the European Parliament and of the Council of 25th October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA. Official Journal of the European Union, L 315/57 of 14th November 2012. The purpose of the Directive is to ensure that victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings.

Recital 9 of the Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.

Klimek (2014), p. 568.

Article 2(2) of the Directive 2011/99/EU on the European protection order.

Article 3(1)(a)(b)(c) the Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.

Klimek (2014), p. 555 et seq.

Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/47 of 30th March 2010.

Article 82(1) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon.

Recital 30 of the Directive 2011/99/EU on the European protection order.

Article 9(1) of the Directive 2011/99/EU on the European protection order.

Article 8(1) of the Directive 2011/99/EU on the European protection order.

Recital 30 of the Directive 2011/99/EU on the European protection order.

Article 4(1)(2) of the Directive 2011/99/EU on the European protection order.

Klimek (2014), p. 559.

Miettinen (2012), p. 197.

Article 5(a)(b)(c) of the Directive 2011/99/EU on the European protection order.

Recital 19 of the Directive 2011/99/EU on the European protection order.

Atanasov et al. (2015), pp. 38–39.

Article 6(1) of the Directive 2011/99/EU on the European protection order.

Article 6(2) of the Directive 2011/99/EU on the European protection order.

Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order – Explanatory memorandum’, 17513/09, ADD 1, REV 1, p. 16.

Article 6(3) of the Directive 2011/99/EU on the European protection order.

Recital 13 of the Directive 2011/99/EU on the European protection order.

See: Klimek (2014), p. 560.

Article 6(5) of the Directive 2011/99/EU on the European protection order.

Article 6(7) of the Directive 2011/99/EU on the European protection order.

Recital 17 of the Directive 2011/99/EU on the European protection order.

‘European protection order referred to in Article 7 of Directive 2011/99/EU of the European Parliament and of the Council of 13th December 2011 on the European protection order’. Official Journal of the European Union L 338/13 of 21st December 2011.

Article 7 of the Directive 2011/99/EU on the European protection order.

Article 7(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k) of the Directive 2011/99/EU on the European protection order.

Article 8(1) of the Directive 2011/99/EU on the European protection order.

The European Judicial Network is made up of the central authorities responsible for international judicial co-operation and the judicial or other competent authorities with specific responsibilities within the context of international co-operation. It co-operates in particular in the following three ways: facilitating the establishment of appropriate contacts between the contact points in the various EU Member States, organising periodic meetings of the EU Member States representatives, and providing a certain amount of up-to-date background information, in particular by means of an appropriate telecommunications network. Its legal basis is the Council Decision 2008/976/JHA of 16th December 2008 on the European Judicial Network. Official Journal of the European Union, L 348/130 of 24th December 2008; see also official online page http://​www.​ejn-crimjust.​europa.​eu/​ejn/​; the role of the European Judicial Network in case of mutual recognition in criminal matters see Chap. 14.

Article 8(2) of the Directive 2011/99/EU on the European protection order.

Article 8(3) of the Directive 2011/99/EU on the European protection order.

Belgium is an example of State which uses more official languages than one. Its official languages are Dutch, French and German (ordered from the greatest speaker population to the smallest).

Article 17(1) of the Directive 2011/99/EU on the European protection order.

Article 13(1)(2) of the Directive 2011/99/EU on the European protection order.

Council of the European Union (2010): ‘Initiative […] for a Directive of the European Parliament and of the Council on the European Protection Order – Explanatory memorandum’, 17513/09, ADD 1, REV 1, pp. 13 and 14.

Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/47 of 30th March 2010.

Article 82(1) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon.

Article 9(1) of the Directive 2011/99/EU on the European protection order.

Article 9(2) of the Directive 2011/99/EU on the European protection order.

Recital 18 of the Directive 2011/99/EU on the European protection order.

Article 9(3) of the Directive 2011/99/EU on the European protection order.

Klimek (2014), p. 563.

Article 9(1) of the Directive 2011/99/EU on the European protection order.

Article 15 of the Directive 2011/99/EU on the European protection order.

European Parliament (2010): ‘Amendments 89-230: Draft report: Teresa Jiménez-Becerril Barrio, Carmen Romero López (PE441.299v01-00): Draft directive (00002/2010 – C7 0006/2010 – 2010/0802(COD)) on the Initiative for a directive of the European Parliament and of the Council on the European Protection Order’, 2010/0802(COD), p. 81; see also: European Parliament (2010): ‘Orientation Vote Results: orientation vote held on 29th September 2010 at the Joint Committee meeting of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality on the Initiative for a directive of the European Parliament and of the Council on the European Protection Order (00002/2010 – C7 0006/2010 – 2010/0802(COD))’, A7-0000/2010, p. 54.

Article 10(1) of the Directive 2011/99/EU on the European protection order.

Article 10(2)(a)(b)(c) of the Directive 2011/99/EU on the European protection order.

Recital 26 of the Directive 2011/99/EU on the European protection order.

Article 11(2)(a)(b)(c) of the Directive 2011/99/EU on the European protection order.

Article 12 of the Directive 2011/99/EU on the European protection order.

‘Form referred to in Article 12 of Directive 2011/99/EU of the European Parliament and of the Council of 13th December 2011 on the European protection order—Notification of a breach of the measure taken on the basis of the European Protection Order’. Official Journal of the European Union L 338/17 of 21st December 2011.

Article 17(2)(3) of the Directive 2011/99/EU on the European protection order.

Article 14(1) of the Directive 2011/99/EU on the European protection order.

Gesamte Rechtsvorschrift für Justizielle Zusammenarbeit in Strafsachen mit den Mitgliedstaaten der Europäischen Union.

Act of the Parliament of the Czech Republic of 20th March No. 140/2013 Coll. on the International Judicial Co-operation in Criminal Matters [Czech: zákon Parlamentu České republiky ze dne 20. března 2013 č. 140/2013 Sb. o mezinárodní justiční spolupráci ve věcech trestních].

Ustawa z dnia 28 listopada 2014 roku o ochronie i pomocy dla pokrzywdzonego i świadka.

Act of the national Council of the Slovak Republic of 12th November 2015 No. 398/2015 Coll. on the European Protection Order in Criminal Matters and on Amending and Supplementing Certain Laws [Slovak: zákon Národnej rady Slovenskej republiky z 12. novembra 2015 č. 398/2015 Z. z. o európskom ochrannom príkaze v trestných veciach a o zmene a doplnení niektorých zákonov].

Ley 23/2014, de 20 de noviembre, de reconocimiento mutuo de resoluciones penales en la Unión Europea.

Van der Aa and Ouwerkerk (2011), pp. 285–286.