Regulation (2015:198) With Additional Provisions Of The Eu Regulation On Safeguard Measures In Civil Matters

Original Language Title: Förordning (2015:198) med kompletterande bestämmelser till EU:s förordning om skyddsåtgärder i civilrättsliga frågor

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:198

Introductory provision



section 1 of this regulation is complementary to the European Parliament and of the

Council Regulation (EU) no 606/2013 of 12 June 2013

mutual recognition of protection measures in civil

issues.



Additional provisions are also found in the law (2015:197)

with additional provisions of the EU regulation on

protection measures in civil matters.



Certificate in Swedish



section 2 a certificate referred to under article 4 of the

European Parliament and Council Regulation (EC) no 606/2013, in

the original wording, should be established in Swedish

or be accompanied by a translation into Swedish.



Registration



paragraph 3, the Prosecutor shall record a recognised security measure.



The Prosecutor shall also sign a declaration under article 14 of the

European Parliament and Council Regulation (EC) no 606/2013, in

the original wording, which relates to suspension of

the safeguard measure or the revocation of the original

certificate.



Adjustment of the protective measure



4 § when assessing the issue of adjustment of the safeguard measure

According to article 11 of European Parliament and Council regulation

(EU) no 606/2013, in the original wording, apply section 11

Act (1988:688) if contact is prohibited.



A decision on such an adjustment shall be made in writing and

Enter



1. the protected person and the person causing the

danger,



2. the meaning of the alignment,



3. the reasons motivating the adjustment, and



4. disclosure of the possibility to appeal the adjustment according to the

Article 11 of European Parliament and Council Regulation (EC) no

606/2013, in the original wording.



The decision shall be communicated to the protected person and the person

as the cause of the danger.



Appeal



§ 5 the first subparagraph of paragraph 3 of the law (2015:197) with complementary

provisions of the EU regulation on safeguard measures in

civil matters lays down rules on jurisdiction

for the appeal of the Prosecutor's decision. In paragraphs 23-25 and 30 §

administrative law (1986:223) contains provisions on how decisions

subject to appeal and if the appeal of the rejection decision.



Translation



section 6, if it can be assumed that the recipient of a document does not

understand Swedish, to translate the document to the Prosecutor

a language that the recipient is likely to understand.



Documentation



section 7 of the public prosecutor shall document the alleged infringements of an

recognised security measure to come to the Prosecutor's attention.