Activities of Heidi HAUTALA related to 2010/0802(COD)
Legal basis opinions (0)
Amendments (20)
Amendment 101 #
Draft directive
Recital 6 a (new)
Recital 6 a (new)
(6a) This Directive applies to protection measures which aim at protecting a person against an act or behaviour of another person which may, in any way, endanger his life, physical or psychological integrity and dignity or sexual integrity, for example by preventing any form of harassment, as well as his personal liberty, for example by preventing abductions, stalking and other forms of indirect coercion and aiming at avoiding new criminal acts or at reducing the consequences of previous criminal acts. It is important to underline that this Directive applies to protection measures which aim at protecting all victims and not only the victims of gender violence. This Directive is intended to apply to protection measures issued in favour of victims of crimes or individuals identified and designated by judicial or equivalent authorities as potential victims of future crimes or other harmful acts committed against them by a known person or known persons causing danger.
Amendment 109 #
Draft directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Legal remedies should also be considered for protected persons whose European protection order or request thereof has been refused by the issuing State or an executing State or who has de facto been denied sufficient protection in the executing State due to insufficient action taken by the executing State in response to the European protection order.
Amendment 112 #
Draft directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to ensure the smooth application of this Directive in each particular case, the competent authorities of the issuing and the executing States should exercise their competencies in conformity with the provisions of this Directive, taking into account the principle of ne bis in idem.
Amendment 118 #
Draft directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 121 #
Draft directive
Article - 1 (new)
Article - 1 (new)
Amendment 125 #
Draft directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 130 #
Draft directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 140 #
Draft directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) an obligation to avoid contact with the protected person prohibition or regulation of contact, in any form or in specified forms, with the protected person, including by telephone, e-mail, post, fax, through other persons or by other means; or
Amendment 142 #
Draft directive
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) any equivalent, specified obligation or prohibition imposed on a person causing danger in order to protect the safety of a particular protected person against possible actions of the said person causing danger.
Amendment 151 #
Draft directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Provided the requirements set out in Article 2(2) have been met, the competent authority may refuse to issue a European protection order only if the request is obviously and without doubt groundless and therefore plainly unwarranted for the safeguard of the protected person when taking into account, inter alia, the length of period or periods of time for which the protected person envisages staying in the executing State and the seriousness of the need for protection.
Amendment 152 #
Draft directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. A competent authority which refuses to issue a European protection order must immediately and ex officio provide the protected person or his legal representative, guardian or tutor clear and comprehensible instructions on how to seek a legal remedy or appeal in order to challenge the refusal.
Amendment 153 #
Draft directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The protected person or his or her legal representative, guardian or tutor may submit a request for the issuance of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. If such a request is submitted in the executing State, its competent authority shall transfer this request as soon as possiblewithout delay to the competent authority of the issuing State in order, where appropriate, for that authority to issue the European protection order.
Amendment 161 #
Draft directive
Article 5 – paragraph 3 (becomes article 5 - paragraph 1)
Article 5 – paragraph 3 (becomes article 5 - paragraph 1)
Amendment 165 #
Draft directive
Article 6 – point c a (new)
Article 6 – point c a (new)
(ca) where applicable, the name, address, telephone and fax number, and e-mail address of the competent authority or authorities of any other executing State or States where protective measures have previously been taken on the grounds of European protection orders based on the same underlying protective measure, or to which the European protection order is being simultaneously issued.
Amendment 167 #
Draft directive
Article 6 – point f
Article 6 – point f
(f) the obligations or prohibitions imposed in the protection measure underlying the European protection order on the person causing danger, their length and the express indication that their infringement constitutes a criminal offence under the law of the issuing State or may otherwise be punishable by a deprivof the possible penalty or sanction, if any, that can be imposed according to the law of the issuing State in case of breach of the respective obligations of libertyr prohibitions;
Amendment 177 #
Draft directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) upon receipt of a European protection order transmitted in accordance with Article 7, recognise that order and take, where appropriate, allwithout delay and take a decision adopting any measures that would be available under its national law in a similar case in order to ensure the protection of the protected person, unless it decides to invoke one of the grounds for non- recognition referred to in Article 9. The measures adopted and level of protection provided to the protected person shall correspond, as much as possible to the rules and principles of the national law of the executing State, to the protection measure ordered in the issuing State;
Amendment 201 #
Draft directive
Article 9 –paragraph 3 a (new)
Article 9 –paragraph 3 a (new)
3a. Where the competent authority of the executing State refuses to recognise a European protection order on one of the grounds referred to in paragraph 2, points (a) and (b), it shall immediately and ex officio provide the authorities of the issuing State as well as the protected person or his legal representative, guardian or tutor with clear and comprehensible instructions on how to seek a legal remedy or appeal in order to challenge the refusal and, where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure in accordance with the national law of the executing State.
Amendment 205 #
Draft directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the renewal, review, modification, revocation and withdrawal of the protection measure underlying the European protection order and, consequently, of the European protection order;
Amendment 226 #
Draft directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The European protection order shall be translated by the competent authority of the issuing State into the official language or one of the official languages of the executing State.
Amendment 227 #
Draft directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
(2a) In the event that the protected person does not sufficiently understand the official language or languages of the issuing State or the executing State, relevant information and documentation provided to the protected person by the competent authorities of that State or those States must be translated into a language which he or she can properly understand.