Verordening 2013/606 - Onderlinge erkenning van beschermingsmaatregelen in burgerlijke zaken

Inhoudsopgave van deze pagina:

1. Samenvatting van Wetgeving
2. Better protection for victims of violence
3. Wettekst

Victims of violence, notably domestic violence and stalking, can enjoy the same protection from offenders in any EU country.

ACT

Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters

SUMMARY

WHAT DOES THE REGULATION DO?

The regulation introduces a simple process of certification whereby a restraining, protecting or barring order issued in one EU country will be quickly and easily recognised throughout the EU.

It works in tandem with Directive 2011/99/EU which sets up a mechanism allowing persons who benefit from a protection order in one EU country to request a European Protection Order giving them EU-wide protection.

KEY POINTS

A protected person wishing to receive protection in another EU country must provide the competent authority of that EU country with:

a valid copy of the protection measure,

the certificate issued in the EU country of origin,

a translation of the certificate where necessary, provided by the EU country of origin using the multilingual standard form.

The validity of the certificate in other EU countries is limited to 12 months from the date of issue even if the protection order has a longer duration.

Where possible, the person causing the risk must have been notified of the protection order for the certificate to be issued according to the law of the EU country of origin. They shall also be made aware of the issuing of the certificate and its effect.

Where it is necessary to adjust the factual elements of the certificate to give full effect to the order in the EU country addressed, this will be done under that country’s law. The person at risk must be informed of this adjustment.

Recognition or enforcement may be refused on application by the person causing the risk if:

contrary to the public policy of the EU country addressed,

incompatible with a judgment given or recognised in that EU country.

WHEN DOES THIS REGULATION APPLY?

From 11 January 2015.

For more information, see:

Mutual recognition of protection measures forms (European e-Justice Portal)

European Commission press release,

European Union Agency for Fundamental Rights report ‘Victims of crime in the EU: the extent and nature of support for victims’.

REFERENCES

RELATED ACTS

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (OJ L 338, 21.12.2011, pp. 2-18)

last update 10.06.2015

Deze samenvatting is overgenomen van EUR-Lex.

Verordening (EU) nr. 606/2013 van het Europees Parlement en de Raad van 12 juni 2013 betreffende de wederzijdse erkenning van beschermingsmaatregelen in burgerlijke zaken