12/12/2011

The European Protection Order
Providing protection for victims across the EU

By Teresa Jiménez-Becerril Barrio, Rapporteur

Between 700 and 900 women die each year in the EU as a result of gender-based violence. One out of every three women worldwide is exposed to domestic violence, including physical violence, sexual aggression, intimidation or even genital mutilation. The EU has always taken a stand against gender violence or any other type of violence, and will continue to do so in the future.

On March 2010, I was appointed as Rapporteur on the European Protection Order (EPO), a legal instrument originally agreed between 12 Member States in the European Council, which aims to provide continuous protection of victims of violence when they move from one Member State to another. Therefore, if a person has been granted protection through a so-called protection order in one Member State and wishes to move to another, they can request a European Protection Order so that they can move securely around the EU.

In the European Parliament

On Monday 12 December, a Directive for the EPO will be put to a final vote in plenary in the European Parliament before it will finally serve its purpose.

The EPP Group has always welcomed the European Protection Order, and considers it an instrument that will significantly help those who suffer from violence and wish to lead a normal life. There is a lack of official data concerning protection orders issued in the EU, yet the Spanish Presidency, when assessing the need for such an instrument on the basis of answers to a survey provided by 18 of 27 Member States, estimated that there was an average of 118 000 restraining orders issued in the EU in 2008, mostly for cases of gender violence. There is also a lack of official data on how many victims with a protection order move from one Member State to another, however, by estimating that at least 1% of these victims would move we conclude that in 2008 there was an average of 1180 potential EPO users.

Not just victims of gender violence...

The EPO is intended to be a tool to protect victims of gender violence, but also victims of any crime, such as victims of human trafficking, genitalia mutilations, organised crime and terrorism, as long as they have an identified perpetrator. In practice, most protection measures are granted to female victims of gender violence, but an EPO could cover victims of both sex and victims of other crimes. An EPO may also be requested to safeguard relatives of a beneficiary of an EPO.

Lengthy negotiations

During the entire legislative process, including bilateral talks between the European Parliament and the European Council which took place throughout four EU Presidencies, the EPP Group has maintained the conviction that victims of domestic violence and other crimes in the EU should be able to move with confidence and the assurance that they will be protected, wherever they are. In the process of achieving this, however, complications arose between the European Commission and the European Council on the legal basis of the EPO.

Member States put forward their proposal on the basis of criminal law, an area which remains under Member-State control. In May, however, the Commission also put forward a proposal recognising orders issued under civil or administrative law, an area covered by EU competences. In the Commission's opinion the EPO went beyond the interpretation of criminal matters.

A strong agreement in the best interest of EU citizens

Luckily, these issues didn't last for long. In its final text, the Council agreed, with the approval of the Commission, that an EPO would only apply to protection measures taken on criminal matters. This will be complemented by separate legislation on the mutual recognition of protection afforded by civil law. Due to differences among Member States' legal systems, the country to which the person moves may apply other measures (criminal, administrative or civil), provided they guarantee a similar level of protection.

Finally, after two years of hard work, many victims of crime, especially victims of domestic violence, will be able to live in freedom and security thanks to the European Protection Order.