THE EUROPEAN PROTECTION ORDER IN THE LIGHT OF THE LAW NO 151-2016 IMPLEMENTING THE DIRECTIVE 2011-99-EU
Corresponding author:
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Accepted
28 March 2026
Available Online
15 November 2016
Abstract
LAW NO 151/2016 REPRESENTS THE LEGAL INSTRUMENT FOR TRANSPOSING THE DIRECTIVE 2011/99EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEAN PROTECTION ORDER, HAVING AS MAIN PURPOSE THE APPLICATION OF CERTAIN PROTECTION MEASURES 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 THE CRIMINAL AREA INTENDS TO TRAVEL ON THE TERRITORY OF ANOTHER EU MEMBER STATE, OTHER THAN THE ISS UANT OF THE PROTECTION MEASURE, THE CITIZEN SHALL SUBMIT A REQUEST FOR A EUROPEAN PROTECTION ORDER, TO THE COMPETENT AUTHORITY OF HIS STATE OF RESIDENCE. AFTER VERIFICATIONS, IF THE LEGAL CONDITIONS ARE FULFILLED, THE COMPETENT AUTHORITY OF THE ISSUANT STATE SHALL SEND FOR EXECUTION THE ORDER TO THE COMPETENT AUTHORITY FROM THE STATE OF EXECUTION (THE STATE ON WHOSE TERRITORY THE PROTECTED PERSON ESTABLISHES THE TEMPORARY DOMICILE OR RESIDENCE). LAW NO 151/2016 SPECIFICALLY STATES THE PROCEDURES FOR SOLVIN G THE REQUESTS FOR THE EUROPEAN PROTECTION ORDER, GIVEN THE DOUBLE NATURE OF THE ROMANIAN STATE, NAMELY ISSUANT STATE AND STATE OF EXECUTION.
Keywords
EUROPEAN PROTECTION ORDER
PROTECTION MEASURE
PROTECTED PERSON
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References
[1]
Directive No 2011/99/EU of the European Parliament and of the Council on 13 December 2011 on the European protection order
[2]
Law No 151/2016 on the European protection order
[3]
Law No 135/2010 on the Criminal Procedure Code, with subsequent modifications (the present Criminal Procedure Code, published in the Official Gazette No 486/15 July 2010, has entered into force starting with 1st February 2003 and has been modified until the present by: Law No 63/2012 for the completion and amendment of the Romanian Penal Code and of the Law No 286/2009 on the Criminal Code, published in the Official Gazette No 258/19 April 2012; Law No 255/2013 for the application of the Law No 135/2010 on the Criminal Procedure Code and for the modification and amendment of other normative acts stating criminal procedural provisions, published in the Official Gazette No 515/14 August 2013; G.E.O No 3/2014 for the adopti on of the measures necessary for the application of the Law No 135/2010 on the Criminal Procedure Code and for the implementation of other normative acts; G.E.O No 82/2014 for the modification and amendment of the Law No 135/2010 on the Criminal Procedure Code)
[4]
Law No 286/2009 on the new Criminal Code, published in the Official Gazette No 510/24 July 2009, entered into force on 1st February 2004, updated by: the Decision of the Romanian Constitutional Court No 603/2015 regarding the exception for unconstit utionality of Art 301 Para 1 and Art 308 Para 1 of the Criminal Code, published in the Official Gazette No 845/2015; Decision of the RCC No 11/2015 on the exception of unconstitutionality of Art 1121 Para 2 Let a) of the Criminal Code, published in the Off . G. No 102/2015; Decision of the RCC No 732/2014 regarding the unconstitutionality of Art 336 Para 1 and 3 of the Criminal Code, published in the Off. G. No 69/2015; Law No 159/2014 repealing Art 276 of the Law No 286/2009 on the Criminal Code, published in the Off. G. No 887/2014; Decision of the RCC No 265/2014 on the exception of unconstitutionality of Art 5 of the Criminal Code, published in the Off. G. 372/2014; Law No 187/2012 for the application of Law No 286/2009 on the Criminal Code, published in the Off. G. No 757/2012; Law No 63/2012 for the modification and amendment of the Romanian Criminal Code and of the Law No 286/2009 on the Criminal Code, published in the Off. G. No 258/2012; Law No 27/2012 for the modification and amendment of the Romania n Criminal Code and of the Law No 286/2009 on the Criminal Code, published in the Off. G. No 180/2012.
[5]
Law No 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent modifications (the consolidated form of the Law N o 302/2004 modified and republished on 23 May 2016 includes the modifications brought by the Law No 300/15 November 2013; Law No 318/11 December 2015; G.E.O No 18/18 May 2016).