Fiches Belges: Austria

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. The measures follow Art 5 of the Directive.

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

* receive the request/decision for judicial cooperation

The competent authorities for incoming requests for recognition are the Regional Courts with jurisdiction over the place at which the protected person resides or stays or intends to reside or stay.

* execute/recognise the measure (if other than the receiving authority)

The compent court places the person under directives which are then be monitored by the court.

Accepted languages for the request/decision

The certificate (‘European Protection Order’) must be accompanied by a translation into German. Certificates in other languages are accepted on a basis of reciprocity, i.e. on condition that the Member State in question also accepts, in its capacity as executing State, certificates in German.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

Dual criminality is required (in accordance with the Directive).

b. Other useful information

In the case of a breach of one or more measures the court 1. immediately has to initiate temporary measures in order to stop the breach until the issuing State has taken a decision according to Art 13 of the Directive, and 2. if there is the suspicion of a criminal offence on Austrian territory, has to inform the competent office of public prosecution.