Grounds for non-recognition of a European protection order
Article 10
1
The competent authority of the executing State may refuse to recognise a European protection order in the following circumstances:
a
the European protection order is not complete or has not been completed within the time limit set by the competent authority of the executing State;
b
the requirements set out in Article 5 have not been met;
c
the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State;
d
the protection derives from the execution of a penalty or measure that, according to the law of the executing State, is covered by an amnesty and relates to an act or conduct which falls within its competence according to that law;
e
there is immunity conferred under the law of the executing State on the person causing danger, which makes it impossible to adopt measures on the basis of a European protection order;
f
criminal prosecution, against the person causing danger, for the act or the conduct in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or the conduct falls within its competence under its national law;
g
recognition of the European protection order would contravene the ne bis in idem principle;
h
under the law of the executing State, the person causing danger cannot, because of that person’s age, be held criminally responsible for the act or the conduct in relation to which the protection measure has been adopted;
i
the protection measure relates to a criminal offence which, under the law of the executing State, is regarded as having been committed, wholly or for a major or essential part, within its territory.
2
Where the competent authority of the executing State refuses to recognise a European protection order in application of one of the grounds referred to in paragraph 1, it shall:
a
without undue delay, inform the issuing State and the protected person of this refusal and of the grounds relating thereto;
b
where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure in accordance with its national law;
c
inform the protected person of any applicable legal remedies that are available under its national law against such a decision.