Fiches Belges

The measures follow Art 5 of the Directive.

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

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

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.

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Dual criminality is required (in accordance with the Directive). 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 act on Austrian territory, has to inform the competent Public Prosecutor's Office.