EU closer to agreement on European protection order

Victims to be protected in other member states, as parallel proposals are to be discussed.

An end is in sight to a year-long tussle over the legal basis for new EU rules combating domestic violence. The European Commission is to propose legislation on the recognition of national protection orders for victims, after member states agreed to modify a competing proposal.

The Commission’s proposal, scheduled for adoption by the college of commissioners on Wednesday (18 May), will oblige the member states to recognise orders issued by national authorities in another member state under civil or administrative law. These protection orders are typically used to protect victims of domestic violence. The Commission proposal, if endorsed by the member states and the European Parliament, would allow victims to move to another member state without fear of losing protection from perpetrators.

Member states will work in parallel on a similar proposal for protection orders issued under criminal law after agreeing on Tuesday (10 May) to drop provisions applying to civil-law protection orders, which would have competed with the Commission’s proposal.

A draft regulation put forward by Spain in April 2010 ran into opposition from Viviane Reding, the European commissioner for justice, fundamental rights and citizenship. She objected to its inclusion of protection orders issued under both civil and criminal law, and publicly clashed with Spain’s justice minister. With the backing of the Commission’s legal service, Reding argued that under the EU’s Treaty of Lisbon, which took effect in December 2009, only the Commission has the right to initiate legislation touching on civil law. Several member states agreed with that analysis and blocked Spain’s proposal in the Council of Ministers.

Complementary regulations

The prospect of dealing with competing proposals prompted most member states, including Spain, to narrow the legal basis of the Council’s proposal. The modified text paves the way for two complementary draft regulations to begin their passage through the institutions. Only Finland and Ireland took no position during Tuesday’s discussion at the Council, with no member state objecting to the modification. An official said that the decision by the member states was “quite a victory for Reding”.

The substance of the two draft regulations, which are to be treated as a package, is not controversial, and their adoption by the member states and MEPs is not in doubt. The new legislation will create mechanisms for the mutual recognition of protection orders issued by member states’ authorities. Despite references to a “European Protection Order”, it will not create a new, EU-level protection order.

The Commission will also discuss a paper by Reding on strengthening victims’ rights and a draft directive on the rights, protection and support of victims of crime. The directive is supposed to set minimum rules for judicial authorities in dealing with victims.