Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Portugal

European Protection Order (906)

1. MEASURE IMPLEMENTATION

Portugal

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

Yes. According with Law 71/2015 from July 20th 2015, that transposed the Frame Work Directive 2011/99/EU from the European Parliament, this form of cooperation is possible in Portugal.

2. LEGAL FRAMEWORK

Portugal

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.

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

According with article 14 of Law 71/2015 the local Criminal Courts are competent to receive and give execution to requests concerning a european protection order.

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

N/A

4. ACCEPTED LANGUAGES

Portugal

Accepted languages for the request/decision

According article 24 of the internal Law the form and its content must be received in Portuguese or with a translation into Portuguese.

5. EXECUTION DEADLINE

Portugal

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

According with article 15 of Law 71/2015 the decision on the recognition of a foreign European Protection Order, in case it will not be refused, must be taken in two days. The competent Court will take all necessary measures to gice execution to it.

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugal

a. Special requirements

Article 16 of the internal Law states that the recognition of a European Protection Order may be refused if it's not complete or following a request for complementary information, hasn't been completed, if the fact commited is not a crime according with the Portuguese criminal Law, in case the measure or penalty have been elapsed by time or amnesty, when the Portuguese authorities have jurisdiction on the facts or acts commited, ne bis in idem is identified, the infractor is not responsible due to age or immunity. These causes of refusal, all non mandatory, correspond to the special requirements established by the Law.

b. Other useful information

The execution of the EPO can be suspended when the protected person does not live or stays in Portugal or abandoned the country definitely or if the maximum period of execution expired or if the issuing authority modifed or took off the EPO. No experience yet on possible issued concerning proportionality or confidentiality. The Prosecutor General's Offfice (Procuradoria Geral da República) is the central authority with competence to assist domestic and foreign authorities on official communications.

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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