EUROPEAN PROTECTION MEASURES IN CIVIL MATTERS ORDER

EUROPEAN PROTECTION MEASURES

IN CIVIL MATTERS

SUBSIDIARY LEGISLATION 460.30

EUROPEAN PROTECTION MEASURES IN

CIVIL MATTERS ORDER

3rd October, 2014

LEGAL NOTICE 360 of 2014.

(1) The title of this Order is the European Protection

Measures in Civil Matters Order.

(2) This Order implements the relevant provisions of Council

Regulation (EU) No 606/2013 of 12 June 2013 on mutual

recognition of protection measures in civil matters.

In this Order, unless the context otherwise requires

"the Court" means the Civil Court (Family Section);

"the Director" means the Director, Civil Courts and Tribunals;

"the EU Regulation" means Council Regulation (EU) No 606/

2013 of 12 June 2013 on mutual recognition of protection measures

in civil matters;

"Member State of origin" means the Member State in which the

protection measure is ordered;

"person causing the risk" means a natural person on whom one or

more of the obligations referred to under the definition "protection

measure" have been imposed;

"protection measure" means any decision issued by the Civil

Court (Family Section) whereby the said Court imposes one or

more of the following obligations on the person causing the risk

with a view to protect another person, when the latter person’s

physical or psychological integrity may be at risk

(a) a prohibition or regulation on entering the place where

the protected person resides, works or regularly visits

or stays;

(b) a prohibition or regulation of contact, in any form,

with the protected person, including by telephone,

electronic or ordinary mail, fax or any other means;

(c) a prohibition or regulation on approaching the

protected person closer than at a prescribed distance;

"protected person" means a natural person who is the object of

the protection afforded by a protection measure.

The functions under the EU Regulation shall be discharged

by the Director who shall receive the certificate for enforceability

of protection measures ordered in the Member State of origin, a

copy of the protection measure and a translation of the certificate

under Article 4(2) of the EU Regulation.

(1)

The Court shall, upon request by the protected person,

EUROPEAN PROTECTION MEASURES

IN CIVIL MATTERS

issue the certificate using the multilingual standard form

established in accordance with Article 19 of the EU Regulation.

(2) The Court shall order notification to the person causing the

risk referred to in the certificate issued, together with the fact that

the issuing of the certificate results in the recognition and, where

applicable, in the enforceability of the protection measure in all

Member States.

(1) Upon an application before the Court by the protected

person or the person causing the risk, the certificate shall

(a) be rectified where, due to a clerical error, there is a

discrepancy between the protection measure and the

certificate, or

(b) withdrawn where it was clearly wrongly granted

having regard to the scope and requirements laid down

in the EU Regulation.

(2) An appeal shall lie to the Court of Appeal against the

decision made by the Court. Such an appeal shall be lodged within

six days from the delivery of the decision.

(1) An application for the adjustment of the protection

measure may be lodged by the protected person to the Court.

(2) Pursuant to Article 11(2) of the EU Regulation, the

provisions of article 266 of the Code of Organization and Civil

Procedure shall apply.

(3) The decision of the Court is to be notified to the person

causing the risk.

(4) An appeal shall lie to the Court of Appeal against the

decision made by the Court. Such an appeal shall be lodged within

six days from the delivery of the decision.

Pursuant to Article 8(2) and Article 11(4) of the EU

Regulation, the procedure outlined in article 187 of the Code of

Organization and Civil Procedure shall apply.

For the purposes of Article 13(2) of the EU Regulation, the

competent court shall be the Civil Court (Family Section).

Where any document, certificate or decision referred to in

the EU Regulation has been made in any language other than

Maltese, a translation into the Maltese or English language of that

document, certificate or decision shall be submitted in accordance

with Article 16 of the EU Regulation.