THE EUROPEAN PROTECTION ORDER IN THE LIGHT OF THE LAW NO 151/2016 IMPLEMENTING THE DIRECTIVE 2011/99/EU
THE EUROPEAN PROTECTION ORDER IN THE LIGHT OF THE LAW NO 151/2016 IMPLEMENTING THE DIRECTIVE 2011/99/EU
Author(s): Elise Nicoleta ValcuSubject(s): Law, Constitution, Jurisprudence
Published by: Research and Science Today
Keywords: EUROPEAN PROTECTION ORDER; PROTECTION MEASURE; PROTECTED PERSON; ISSUANT STATE; EXECUTION STATE
Summary/Abstract: LAW NO 151/2016 REPRESENTS THE LEGAL INSTRUMENT FOR TRANSPOSING THE DIRECTIVE 2011/99EUOF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEANPROTECTION ORDER, HAVING AS MAIN PURPOSE THE APPLICATION OF CERTAIN PROTECTIONMEASURES ADOPTED IN FAVOR FOR THE VICTIMS OR POTENTIAL VICTIMS OF OFFENCES.WHEN THE NATIONAL OF AN EU MEMBER STATE, BENEFICIARY OF A PROTECTION MEASURE IN THECRIMINAL AREA INTENDS TO TRAVEL ON THE TERRITORY OF ANOTHER EU MEMBER STATE, OTHERTHAN THE ISSUANT OF THE PROTECTION MEASURE, THE CITIZEN SHALL SUBMIT A REQUEST FOR AEUROPEAN PROTECTION ORDER, TO THE COMPETENT AUTHORITY OF HIS STATE OF RESIDENCE.AFTER VERIFICATIONS, IF THE LEGAL CONDITIONS ARE FULFILLED, THE COMPETENT AUTHORITY OFTHE ISSUANT STATE SHALL SEND FOR EXECUTION THE ORDER TO THE COMPETENT AUTHORITY FROMTHE STATE OF EXECUTION (THE STATE ON WHOSE TERRITORY THE PROTECTED PERSON ESTABLISHESTHE TEMPORARY DOMICILE OR RESIDENCE). LAW NO 151/2016 SPECIFICALLY STATES THE PROCEDURES FOR SOLVING THE REQUESTS FOR THEEUROPEAN PROTECTION ORDER, GIVEN THE DOUBLE NATURE OF THE ROMANIAN STATE, NAMELYISSUANT STATE AND STATE OF EXECUTION.
Journal: Research and Science Today
- Issue Year: 12/2016
- Issue No: 2
- Page Range: 96-104
- Page Count: 9
- Language: English