ISSUANCE AND TRANSMISSION OF THE EUROPEAN PROTECTION ORDER IN THE EUROPEAN UNION. CRITICAL OPINIONS. DE LEGE FERENDA PROPOSALS
ISSUANCE AND TRANSMISSION OF THE EUROPEAN PROTECTION ORDER IN THE EUROPEAN UNION. CRITICAL OPINIONS. DE LEGE FERENDA PROPOSALS

Summary/Abstract: The objective of this study is to examine the provisions of Directive 2011/99 / EU concerning the procedure for issuing and transmission of a European protection order. The examination highlights the need for a previously ordered protection measure, under which it may issue a European protection order at the request of the person seeking protection. Along with the conducted examination there were identified also depositions that may cause some malfunctions into practice, which is why there were formulated some de lege ferenda proposals, which may be considered by the European legislator. We highlight here the proposal that regards the need, within the procedure for issuing a European protection order, to ensure the right to defense to the protected person and to the person representing a danger. The paper can be useful to both academics and practitioners and also to the European legislator, in terms of operating the necessary changes.

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