Artikel: The European Protection Order

In March 2010, the authors were both appointed as rapporteurs of the draft Directive of the Council and the European Parliament on the European Protection Order (hereinafter EPO). This initiative was led by the Spanish Presidency, which found enough support within the Member States to activate the new powers conferred by the Lisbon Treaty in criminal matters. This proposal legally emerged from the Stockholm Programme guidelines adopted by the European Council on December 2009, which is a 5-year plan for the EU to settle on a common policy for justice and home affairs, including fundamental rights and the protection of citizens. These guidelines indicate that the area of freedom, security and justice must, above all, be a single area where fundamental rights and freedoms are protected. Moreover, mutual trust between authorities and services in the different Member States is seen as the basis for efficient cooperation in this area and as one of the main challenges in the future. Judicial cooperation in general, especially in criminal matters, is one of the pillars enabling mutual trust and, according to Art. 82(1) of the Treaty on the Functioning of the European Union (TFEU), shall be based on the principle of mutual recognition of judgements and judicial decisions.

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