Legislative Observatory
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European Protection Order. Initiative Belgium, Bulgaria, Estonia, Spain, France, Italy, Hungary, Poland, Portugal, Romania, Finland and Sweden

2010/0802(COD)

The Council held a public debate on the state of play regarding the initiative for a directive on a European protection order on the basis of two current working documents: 8703/10 and 8703/10 ADD 1.

The aim of the directive is to facilitate and enhance the protection granted to victims of crime, or possible victims of crime, who move between EU Member States.

A majority of Member States spoke out in favour of the Spanish presidency approach and supported the most recent compromise texts. The goal of the presidency is to continue work in the Council preparatory bodies with a view to reach a political agreement in June and to forward the agreed text to the European Parliament. In the meantime, informal contacts with the Parliament will continue in view of the high political importance of the file.

Among the outstanding issues discussed is the question of scope. The presidency proposal supported by most Member States considers that it is necessary to work on a text allowing European protection orders to be issued and executed in all Member States, in accordance with their national law. European protection orders should be issued by any judicial or equivalent authority, independent of the legal nature of such authority (criminal, civil or administrative). It proposes a three-step approach:

  • the issuing state makes a request for an European protection order,
  • the receiving state recognises the European protection order,
  • the receiving state executes the order by taking a decision under its national law in order to continue the protection of the person concerned.

The proposal for a European protection order is based on a joint initiative of twelve EU member states. Once adopted, the directive will specify measures that allow the executing state to continue the protection of a person. These measures would include obligations or prohibitions imposed on the person causing danger. The focus of the initiative is on crimes which may endanger the victims' life, physical, psychological and sexual integrity, as well as their personal liberty. The ultimate goal is to avoid new acts of crime and to reduce the consequences of previous acts of crime.