Autor: Cătălin-Nicolae MAGDALENA
Publicat în: Challenges of the Knowledge Society, 2019
Disponibil online: aici.
Abstract: Treaty on the Functioning of the European Union (TFEU) emphasized judicial cooperation in criminal matters, based on the principle of mutual recognition of all types of judgments and decisions of a judicial nature. In a common area of justice without internal borders, it was considered necessary to adopt a EU legal instrument that should provide achievement of the following desideratum: protection provided to a natural person in one Member State is maintained and continued in any other Member State to which the person moves or has moved. Directive 2011/99/EU of the European Parliament and of the Council sought to establish rules by means of which protection measures adopted in criminal matters in the issuing Member State can be extended to any of the executing Member States. In this context, the purpose of the article is to analyze if Romanian authorities transposed the Directive according to the purposes for which it was adopted and whether the measures taken at national level by Law no. 151/2016 ensure effective protection of fundamental rights protected in all Member States: life, freedom, physical or sexual integrity, etc. The objectives of the present study are to analyze the European protection order in criminal matters as it is regulated by the above mentioned national law of transposition, to explain the terminology used, to analyze the procedure of issuing this protection measure in a Member State/recognizing it in another Member State and, last but not least, practical aspects related to execution.
Keywords: European protection order; Directive 2011/99/EU of the European Parliament and of the Council; Issuing Member State; Executing Member State; Supervision Member State.