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

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

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 European Union Member States. The Court of Cassation, in its judgment, affirmed 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 offense under Article 574-bis of the Criminal Code – Applicability – Existence. In the context of a 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 irrelevant. Therefore, the instrument is also applicable in cases where the same person has not left "of their own volition" as a minor victim of the international child abduction offense under Article 574-bis of the Criminal Code.

Implications of the Judgment for Minors

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

Conclusions

In summary, 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 their ability to obtain legal protection. This aspect is particularly relevant for minors who are victims of international child abduction offenses. The decision offers clear guidance for legal professionals and social services, underscoring the importance of ensuring that every victim can access the necessary measures for their safety, regardless of the circumstances of the transfer.