Regulation (EU) No. 606/2013 (protective measures regulation)

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Regulation (EU) No. 606/2013

Title: Regulation (EU) No. 606/2013 of the European Parliament and of the Council of June 12, 2013 on the mutual recognition of protective measures in civil matters
Designation:
(not official) 		Protective measures regulation
Scope: EU
Legal matter: civil right
Basis: TFEU , in particular Art. 81 para. 2 lit. a, e and f
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: January 11, 2015
Reference: OJ L 181 of June 29, 2013, pp. 4–12
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The Regulation (EU) no. 606/2013 on mutual recognition of protection measures in civil matters is related to the Directive 2011/99 / EU addressed in addition to, Europe (cross-border) to protect victims of violence better. The aim of the regulation is to ensure that a protective measure once ordered in a member state of the Union is also valid in another member state, thereby ensuring that the protection granted travels or moves with this person to any place within the European Union , is maintained and continued becomes. This, even without the need for special procedures, but in the event of a violation of public policy, a protective measure can be refused.

According to Regulation (EU) No. 606/2013, police authorities are expressly excluded from ordering protective measures in civil matters.

history

For the development of Regulation (EU) No. 606/2013, see Directive 2011/99 / EU on the European protection order .

Legal basis and case law

Regulation (EU) No. 606/2013 is mainly based on Articles 47 and 48 of the Charter of Fundamental Rights (right to a fair trial within the meaning of Article 6 of the European Convention on Human Rights ), Article 3 (2) of the Treaty on European Union and Article 21 TFEU as well as Art 81 para. 2 letters a, e and f of the TFEU (judicial cooperation in civil matters). In addition, z. B. the possibilities of Directive 2012/29 / EU of the European Parliament and of the Council of October 25, 2012, and Directive 2003/8 / EC on legal aid in disputes with cross-border implications .

Regulation (EU) No. 606/2013 falls within the scope of Regulation (EC) No. 2201/2003 (Brussels IIa) of November 27, 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in proceedings relating to parental responsibility is expressly excluded.

In its landmark decision, Cowan v Trésor Public, of February 2, 1989, the European Court of Justice ruled that compensation payments must not be made dependent on nationality. The ban on discrimination was thus extended to this area as well. The decision concerned the victim of a robbery who was harmed while on vacation in another EU Member State. The present regulation is a further development of this case law.

scope of application

Only protective measures that are ordered in civil matters fall within the scope of Regulation (EU) No. 606/2013 . For protective measures that are ordered in criminal matters , Directive 2011/99 / EU is to be used.

According to Articles 1 and 2 of the Protocol (No. 22) on the position of Denmark, annexed to the TEU and the TFEU, Denmark is excluded from the scope of the regulation . Ireland and Great Britain, however, have expressly confirmed their participation in the measures of this regulation.

Structure of the regulation

  • Chapter I (subject matter, scope and definitions)
    • Art 1 to 3
  • Chapter II (recognition and enforcement of protective measures)
    • Art 4 to 14
  • Chapter III (General and Final Provisions)
    • Art 15 to 22

See also

Web links

Individual evidence

  1. ↑ Art. 2 Paragraph 2 of Regulation EU / 606/2013.
  2. ↑ According to Recital 6 of Regulation EU / 606/2013, protective measures are there “to protect a person if there are serious reasons to believe that the life of this person, their physical or mental integrity, their personal freedom, their security or their sexual integrity is in danger ”. See also the definition in Art 3 no. 1 of Regulation (EU) No. 606/2013.
  3. ↑ See Recital 19 ff of Regulation (EU) No. 606/2013.
  4. ↑ See recitals 3 and 14 of Regulation (EU) No. 606/2013.
  5. ↑ See Art 4 (1), Art 12, Art 15 and Recital 4 of Regulation (EU) No. 606/2013.
  6. ↑ See Art 13 and Recital 32 of Regulation (EU) No. 606/2013.
  7. ↑ See Recital 13 of Regulation (EU) No. 606/2013. Regarding the term "issuing authority": Art 3 no. 4 of Regulation (EU) No. 606/2013.
  8. ↑ According to Recital 8 of Regulation (EU) No. 606/2013, the fact that a person is the subject of a protective measure ordered in civil matters “does not necessarily preclude this person from being a 'victim' within the meaning of the aforementioned directive”.
  9. ↑ See Art 2 Paragraph 3 and Recital 11 of Regulation EU / 606/2013.
  10. ↑ See case Cowan vs. Trésor Public , 186/87.
  11. ↑ See Recital 41 of Regulation (EU) No. 606/2013.