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Issuance And Transmission Of The European Protection Order In The European Union. Critical Opinions. De Lege Ferenda Proposals

Author

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  • Ioana-Minodora Rusu

    („Dimitrie Cantemir” Christian University of Bucharest)

Abstract

The objective of this study is to examine the provisions of Directive 2011/99 / EU concerning the procedure for issuing and transmission of a European protection order. The examination highlights the need for a previously ordered protection measure, under which it may issue a European protection order at the request of the person seeking protection. Along with the conducted examination there were identified also depositions that may cause some malfunctions into practice, which is why there were formulated some de lege ferenda proposals, which may be considered by the European legislator. We highlight here the proposal that regards the need, within the procedure for issuing a European protection order, to ensure the right to defense to the protected person and to the person representing a danger. The paper can be useful to both academics and practitioners and also to the European legislator, in terms of operating the necessary changes.

Suggested Citation

  • Ioana-Minodora Rusu, 2016. "Issuance And Transmission Of The European Protection Order In The European Union. Critical Opinions. De Lege Ferenda Proposals," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 5(1), pages 214-219, November.
    • Handle: RePEc:sja:journl:v:5:y:2016:i:1:p:214-219
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    Cited by:

    1. Ion Rusu, 2017. "The enforcement of investigative measures based on the European investigation order in criminal matters. Comparative examination relating to the Romanian law. Critical opinions and de lege ferenda pro," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(1), pages 179-197, June.

    More about this item

    Keywords

    protected person; person representing a danger; protection measures; the issuing State.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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