European Protection Order: Comment on Judgment No. 49642 of 2023

The judgment No. 49642 of December 6, 2023, issued by the Italian Court of Cassation, provides an important interpretation regarding the European protection order, particularly for cases involving minors who are victims of international abduction crimes. The decision is based on European and national regulations, clarifying crucial aspects for the protection of victims of domestic violence and related crimes.

The Legal Context of the Judgment

The European protection order is a legal instrument introduced to ensure the safety of victims of violence, allowing them to obtain protective measures in other EU member states. The Court of Cassation, in its ruling, stated that the victim's willingness to move to another state is not relevant for the application of such measures.

European protection order – Relevance of the victim's voluntary transfer to another state - Exclusion - Consequences - Minor victim of the crime referred to in art. 574-bis criminal code - Applicability - Existence. In terms of the European protection order, pursuant to directives 2012/29/EU and 2011/99/EU, the willingness of the person to be protected to transfer to another member state is not relevant, so the instrument is applicable even if the individual has not left "voluntarily" as a minor victim of the international abduction crime referred to in art. 574-bis criminal code.

The Implications of the Judgment for Minors

The judgment emphasizes the protection of minors, specifying that even in the absence of voluntary transfer, protective measures must be applicable. This represents a significant step towards greater protection of minors' rights, who often find themselves involved in situations of domestic violence. Italian legislation, in line with European directives, aims to ensure that victims, regardless of their age or situation, can access adequate protective measures.

Conclusions

In summary, the judgment No. 49642 of 2023 by the Court of Cassation clarifies that, in the context of the European protection order, the victim's willingness to transfer should not affect the possibility of obtaining legal protection. This aspect is particularly relevant for minors who are victims of international abduction crimes. The decision offers clear guidance for legal professionals and social services, highlighting the importance of ensuring that every victim can access the necessary measures for their safety, regardless of the circumstances of the transfer.

Bianucci Law Firm