EP and Council reached an agreement on the European Protection Order
The draft agreement reached between the EP and the Council on the European Protection Order will make possible that Crime victims who have been granted protection in one EU Member State will be able to get similar protection if they move to another. This protection would cover, for instance, victims of gender violence, harassment, abduction, stalking or attempted murder.
Measures to protect crime victims already exist in all EU Member States but at present they cease to apply if the victim moves to another country. The new draft agreement means that when it takes effect, the European Protection Order (EPO) would enable anyone protected under criminal law in one EU state to apply for the same protection if they move to another EU country. MEPs stressed that although most protection measures are granted to female victims of gender violence, an EPO could cover victims of either sex and other crimes too. They also stressed this point when approved the EPO proposal in December 2010. This directive would only apply to protection measures taken in criminal matters. However, due to differences among Member States' legal systems, the country where the person moves may apply other kinds of measures (criminal, administrative or civil), provided they guarantee a similar level of protection.
In addition, the EPO in criminal matters will be complemented by separate legislation for civil matters. To that end, the Commission proposed in May a regulation on mutual recognition of protection afforded by civil law. The combination of the two instruments (the EPO directive and the regulation) should cover the broadest possible range of protection measures for victims issued in the Member States.
In particular the proposal says that once a person is granted protection in one Member State under domestic criminal law, s/he may request a EPO to extend this protection to another EU country to which s/he decides to move. It will be up to the Member State of origin to issue the EPO and forward it to the other country. An EPO may be issued only if the aggressor is banned by the initial country from places where the protected person resides or which s/he visits, or if restrictions are imposed on contact or approaches by the aggressor to the protected person.
Once the directive is adopted, Member States will have three years to transpose it into national law. But firstly the compromise text has to be endorsed by EU justice ministers. It will then be put to votes in the Civil Liberties Committee and Women's Rights Committee at the start of October and by the full Parliament shortly after.