Protective Measures EU
Protective Measures
A 2013 Regulation provides for the mutual recognition of protective measures in civil matters in order to protect victims’ rights. The aim is to ensure without going through time-consuming procedures, the victims of, for example, domestic violence or persons whose physical or psychological integrity or liberty is at risk, who have the benefit of protection measures in one state are afforded the same level of protection in other states, should he move or travel.
A protection measure in one State is designed to protect victims of violence if that person’s physical or psychological integrity or liberty is at risk. They are issued by judicial or other authorities on the request of the person at risk. They may be issued unilaterally in urgent situations.
Certificate
A standardised multilingual certificate is designed to speed up the process by ensuring that the state to which the person at risk has gone will recognise the protection measures issued by the first state without any intermediate formality. The certificate contains all information relevant for recognition and, where applicable, enforcement of the protection measures.
The competent authority of the first state issues the certificate to the protected person and brings it to the notice of the person causing the risk. A translation of the certificate may also be provided upon request by the protected person.
The protected person provides the certificate and a copy of the protection measure to the competent authorities of the second state which then ensures its enforcement by adjusting factual elements of the protection measure, if necessary.