B2 Non-refereed book chapter or chapter in a compilation book
Challenges to the European protection order: Mutual recognition in the light of different national protection systems
Authors: Suzan van der Aa, Lorena Sosa, Johanna Niemi, Ana Ferreira, Anna Baldry
Editors: Hervé Belluta, Massimo Ceresa-Gastaldo
Publishing place: Torino
Publication year: 2016
Book title : L’ordine europeo di protezione: La tutela delle vittime di reato come motore della cooperazione giudiziaria
Series title: Procedura Penale
Number in series: 19
First page : 3
Last page: 20
Number of pages: 18
ISBN: 978-88-921-0325-2
eISBN: 9788892153738
The article
summarizes the results of a Europe-wide comparative study on protection orders.
While all member states have enacted judicial orders to protect victims of
interpersonal violence against future threat and violence, the national law
vary a great deal. While some member states have relied on a criminal
protection, some on civil law protection and some have created orders that have
features of both. Especially emergency protection orders tend to fall between
criminal-civil law distinction, which however is the basis of the European
system of recognition of protection orders of other member states. The article
identifies the problems and tensions deriving from this situation.
