What is a European Protection Order?
A European Protection Order is an instrument of EU criminal law that allows a person protected by a national protection measure in one EU Member State to continue benefiting from protection when staying or residing in another Member State bound by the Directive. It is based on Directive 2011/99/EU on the European protection order and is intended mainly for situations involving threats to life, physical or psychological integrity, dignity, personal liberty or sexual integrity.
The European Protection Order does not replace a domestic restraining order, contact ban or other national protective measure. It enables such protection to be recognised and continued across borders, provided that the original measure falls within the categories covered by the Directive. These include, for example, prohibitions on entering certain places, restrictions on contact with the protected person, or obligations to keep a specified distance from that person.
In practice, the mechanism is relevant where the protected person moves, travels, studies, works or otherwise stays in another EU country bound by the Directive and still faces a risk from the person against whom the original protective measure was imposed. The order connects two legal systems: the issuing State, where the initial protection measure was adopted, and the executing State, where protection is needed.
What does a European Protection Order cover?
A European Protection Order may be used where the original protection measure was adopted in criminal matters. It is particularly relevant in cases involving domestic violence, stalking, harassment, threats, sexual offences, violent behaviour or repeated intimidation. The aim is to ensure continuity of protection rather than to restart the entire procedure in the country to which the protected person has moved.
The issuing authority may issue a European Protection Order at the request of the protected person, if the legal conditions are met. The executing authority in the other Member State may then recognise the order and adopt a corresponding or otherwise appropriate measure available under its own national law. This may involve adapting the original measure so that it fits the legal framework of the executing State, while preserving the practical effect of protection.
The order may concern restrictions imposed on the person causing danger, such as a ban on approaching the protected person, a prohibition on contacting them by phone, email, social media or through third parties, or a ban on entering specific locations. The precise form of protection depends on the underlying measure and on the law of the executing State.
It is important to distinguish the European Protection Order from civil protection mechanisms under Regulation (EU) No 606/2013, which applies to mutual recognition of protection measures in civil matters. The correct route depends on the nature of the original measure, the authority that issued it and the legal basis under national law.
When should a European Protection Order be considered?
A European Protection Order should be considered when a person already protected by a criminal-law measure in one EU Member State intends to stay in another Member State bound by the Directive and the risk has not ceased. This may apply to victims of violence, injured parties in criminal proceedings, witnesses, family members or other persons who require protection against a specific individual.
For private individuals, the need may arise before relocation, temporary work abroad, study, family travel or a longer stay in another EU country bound by the Directive. For businesses and institutions, the issue may appear when supporting an employee, client or representative affected by threats, harassment or violence connected with criminal proceedings.
Early legal assessment is important because the European Protection Order depends on formal conditions. The original measure must be of a type recognised by the Directive, the protected person must need protection in another Member State, and the competent authority must receive the required information. In some cases, a different legal instrument may be more appropriate, especially where the protection measure is civil rather than criminal in nature.
A prompt consultation with a lawyer can help avoid procedural mistakes, delays, ineffective applications or gaps in protection. It may also clarify whether additional steps are needed, such as notifying law enforcement authorities, requesting adaptation of the measure, preparing documentation or coordinating with foreign counsel.
Legal assistance in matters involving a European Protection Order
Legal support may be needed both at the stage of applying for a European Protection Order and at the stage of its recognition or enforcement in another Member State. The procedure requires careful analysis of the original protection measure, the competent authorities, the applicable EU instrument and the practical risks faced by the protected person.
Support of the law firm in matters involving a European Protection Order includes in particular:
- assessment of whether the national protection measure may be covered by Directive 2011/99/EU;
- preparation of a request for a European Protection Order or assistance in completing the required information;
- analysis of cross-border protection options in criminal and civil matters;
- representation in contacts with courts, prosecutors or other competent authorities;
- coordination of actions where the protected person is staying or planning to stay in another EU Member State;
- advice for victims, injured parties and persons exposed to threats, harassment or violence;
- assessment of possible breaches of protection measures and related criminal-law consequences.
Need assistance with a European Protection Order? Contact us.
See also
- Injured Party
- Punishable Threat
- European arrest warrant
- Extradition hearing