SOME CONFLICTIVE ASPECTS ON THE EXECUTION OF THE EUROPEAN PROTECTION ORDER WITH OTHER INSTRUMENTS OF MUTUAL RECOGNITION

Abstract

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order was enacted in order to protect European citizens on the exercise of their legitimate rights to free movement and to choose their residence within the Member States. Spain transposed the Directive by Law 23/2014 of 20 November, on mutual recognition of judicial decisions in criminal matters within the European Union. This paper analyzes the major problems related to conflicts of jurisdiction when the European Protection order is executed. In particular, this paper focuses on conflicts of jurisdiction between the enforcement of the European Protection Order and other mutual recognition instruments such as probation decisions or alternative measures to deprivation of liberty resolutions