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Law of 4 March 2015 implementing Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of protection measures in civil matters (PbEU 2013, L181) (Implementing Act Regulation on mutual recognition of protection measures in civil matters
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into account that Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of protection measures in civil matters (PbEU 2013, L 181) should be implemented;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act, Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of protection measures in civil matters (PbEU 2013, L 181).
1 A certificate as referred to in Article 5 of the Regulation for the recognition of a protection measure in another Member State shall be requested by application to the court which has ordered the protection measure. The application may be submitted without the intervention of a lawyer.
2 A copy of the decision ordering the protection measure shall be submitted to the application referred to in paragraph 1. In addition, the application contains the information referred to in Article 7 of the Regulation, which requires the court to be able to issue the certificate drawn up on the basis of Article 19 of the Regulation on the basis of the certificate drawn up on the basis of Article 19 of the Regulation.
3 The court referred to in paragraph 1 shall, without delay, decide upon the request. The person from whom the threat is going does not need to be called. If the request is granted to the person from whom the threat originates, a notification, as provided for in Article 8, first paragraph, of the Regulation shall be sent in accordance with the provisions of the Article 291 of the Code of Civil Procedure .
4 The first and second paragraphs shall apply mutatis mutandis to the issue of a certificate for the recognition of a protection measure imposed on the basis of the Temporary house ban law . The issue of a certificate is requested in that case to the mayor or auxiliary officer as intended. Article 3, first paragraph, of the Temporary Home Ban Act , which imposes or has imposed the protection measure. If the request is granted to the person from whom the threat is based, a notification, as provided for in Article 8, first paragraph, of the Regulation shall be sent. If the person to whom a temporary restraining order has been imposed has not been able to express his views beforehand, the certificate shall not be issued before a decision has been taken on an appeal brought by the home, or three days after the date of the appeal. the imposition of the measure has expired and the non-domestic service has not brought an action.
1 The judge or mayor or auxiliary prosecutor of justice as referred to in Article 3, first paragraph, of the Temporary Home Ban Act which issued the certificate may, at the request of the protected person or the person from whom the threat is issued or of its own motion, improve the certificate, if this diverts from the protection measure through a manifest change in the nature of the protection. No notice shall be made of interested parties. To the person of the threat and to the protected person a notification of the issuance of the enhanced certificate shall be sent.
2 An appeal shall not be open to the improvement of a certificate or refusal thereof.
1 Withdrawal of a certificate in accordance with Article 9 (1) of the Regulation shall be effected by the judge who issued it. If a request to do so is made by the protected person or the person from whom the threat is posed, it may be filed without the intervention of a lawyer.
2 The first sentence of the first paragraph shall apply mutatis mutandis to a certificate issued by a mayor or auxiliary prosecutor as referred to in Article 2 (1) of the EC Treaty. Article 3, first paragraph, of the Temporary Home Ban Act , except that in that case the mayor or auxiliary prosecutor shall withdraw the certificate.
3 No provision shall be open against revocation of a certificate or refusal thereof.
(1) If a protective measure ordered in another Member State contains the designation of a place as defined in Article 3 (1) (a) and (c) of the Regulation, the protected person may enter the provisions of the provision Judge in the Court of The Hague requests that this place be changed to a place in the Netherlands, taking into account the purpose of this address or location for the protected person. The request may be made without the intervention of a lawyer. The person who is facing the threat is not called upon.
2 The protected person shall submit to the request referred to in paragraph 1 the information referred to in Article 4, second paragraph, of the Regulation.
1 The provision judge in The Hague court may, at the request of a protected person who wishes to use in the Netherlands the protection afforded by a protection measure ordered in the Member State of origin, be permitted by the law impose coercive, or grant the protected person authorisation to ensure compliance with the protection measure by means of the strong arm.
2 The person referred to in paragraph 1 shall submit to the request the particulars referred to in Article 4, second paragraph, of the Regulation.
The request for refusal of recognition or enforcement of the protection measure of the person from whom the threat originates, as referred to in Article 13, first paragraph, of the Regulation, shall be filed with the provision judge in the court of justice. The Hague.
This Act shall enter into force from the day following the date of issuance of the Official Gazette in which it is placed.
This law is cited as: Implementing Law Regulation Mutual recognition of protection measures in civil matters.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 4 March 2015
William-Alexander
The Secretary of State for Security and Justice,
F. Teeven
Issued the 11th of March 2015The Minister for Security and Justice,
I. W. Opstelten
