Fiches Belges: Allemagne
European Protection Order (906) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes. It was incorporated into national law in the Gesetz zum Europäischen Gewaltschutzverfahren (EUGewSchVG – Act on European Proceedings for the Prevention of Violence).
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2. LEGAL FRAMEWORK |
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
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | Requests for the issuing of a European protection order may only be acknowledged by the family court in whose jurisdiction the protected person resides. Recognition of a European protection order falls exclusively within the remit of the family court in whose jurisdiction the protected person resides.
| * execute/recognise the measure (if other than the receiving authority) | The court forwards the request for the issuing of a European protection order to the issuing authority.
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4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | Geman
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | There is no time limit for the execution of such requests. The court immediately forwards the request for the issuing of a European protection order to the issuing authority. The issuing authority is the authority which has issued or is expected to issue the European protection order. The court makes a prompt decision on the recognition of the European protection order.
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6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | The conditions are laid down in Section 6 of the Gesetz zum Europäischen Gewaltschutzverfahren (Act on European Proceedings for the Prevention of Violence).
| b. Other useful information | The remedy of complaint shall be admissible against decisions denying recognition. No appeal may be made against decisions granting recognition of a European protection order.
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