BETA

Activities of Edit BAUER related to 2011/0130(COD)

Plenary speeches (1)

Mutual recognition of protection measures in civil matters (debate)
2016/11/22
Dossiers: 2011/0130(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters PDF (419 KB) DOC (375 KB)
2016/11/22
Committee: JURIFEMM
Dossiers: 2011/0130(COD)
Documents: PDF(419 KB) DOC(375 KB)

Amendments (11)

Amendment 2 #
Proposal for a regulation
Article 2 – point a
(a) 'protection measure' means any decision, whatever it may be called, of a preventive and temporary nature taken by an authority in a Member State in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person's life, physical and/or psychological integrity or liber, dignity, personal liberty or sexual integrity to be at risk. It shall include measures ordered without the person causing the risk being summoned to appear. The following are notably protection measures: (i) an obligation not to enter(If the part of this amendment concerning the words "person's life, ...or sexual integrity" is adopted, corresponding modifications will need to be made throughout the text) Protection measures may include one or more of the following obligations or prohibitions: (i) a prohibition from entering and/or remaining in certain localities, places or defined areas where the protected person resides, works or that he visits; or (ii) an obligation not to enter into prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or (iii) an obligation not to prohibition or regulation on approaching the protected person closer than a prescribed distance; or (iv) a decision attributing the exclusive use of the common housing of two persons to the protected person; or (iva) any other prohibitions or regulations imposed in order to guarantee the protection of the protected person.
2011/12/15
Committee: LIBE
Amendment 5 #
Proposal for a regulation
Article 19 a (new)
Article 19a Data collection In order to facilitate evaluation of the application of this Regulation, Member States shall communicate to the Commission relevant data relating to the application of national procedures on the issuing of certificates referred to in Article 5 and the transmission thereof between competent authorities. Those data shall include, at least, information on the number of protection measures and certificates requested, issued and/or recognised and on the number of certificates refused, suspended and/or withdrawn, as well as the reasons for such refusal and/or withdrawal, with due regard for the fundamental principles of privacy and the protection of personal data.
2011/12/15
Committee: LIBE
Amendment 6 #
Proposal for a regulation
Recital 7 a (new)
(7a) Mutual confidence in the administration of justice in the Union and the objective of ensuring and facilitating the free movement of persons within the Union justify procedures for the recognition and/or enforcement of protection measures without any intermediate formalities. As a result, a protection measure taken in a Member State should, for the purposes of recognition and, where applicable, enforcement, be treated as if it had been taken in the Member State in which recognition and/or enforcement is sought. To that end, this Regulation should introduce a European uniform model of certificate to be issued by the Member State of origin on request by the protected person. In order to respect the principle of subsidiarity, that certificate should not replace the internal procedure of the Member States.
2011/12/15
Committee: LIBE
Amendment 46 #
Proposal for a regulation
Recital 12
(12) In order to ensure and facilitate the free movement of protection measureersons within the European Union, this Regulation should introduce a European uniform model of certificate and appoint the authority competent to issue itto be issued by the Member State of origin on request by the protected person. In order to respect the principle of subsidiarity, this certificate should not replace the internal procedure of the Member States.
2011/12/06
Committee: LIBE
Amendment 47 #
Proposal for a regulation
Recital 12 a (new)
(12a) The European uniform model of certificate should contain the list of Member States which recognise that certificate, in order to facilitate the free movement of persons obtaining a protection measure within the Union and to avoid imposing an additional administrative burden on Member States of origin by requiring them to issue new certificates when protected persons move to another Member State. A uniform model should inter alia facilitate the translation process as well.
2011/12/06
Committee: LIBE
Amendment 56 #
Proposal for a regulation
Article 2 – point a – subparagraph 2 – introductory wording
The following are notably protection measureProtection measures may include one or more of the following obligations or prohibitions:
2011/12/06
Committee: LIBE
Amendment 58 #
Proposal for a regulation
Article 2 – point a – subparagraph 2 – point i
(i) an obligation not to prohibition from entering certain localities, places or defined areas where the protected person resides, works or that he visits; or
2011/12/06
Committee: LIBE
Amendment 59 #
Proposal for a regulation
Article 2 – point a – subparagraph 2 – point ii
(ii) an obligation not to enter into prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or
2011/12/06
Committee: LIBE
Amendment 60 #
Proposal for a regulation
Article 2 – point a – subparagraph 2 – point iii
(iii) an obligation not to prohibition or regulation on approaching the protected person closer than a prescribed distance; or
2011/12/06
Committee: LIBE
Amendment 61 #
Proposal for a regulation
Article 2 – point a – subparagraph 2 – point iv a (new)
(iva) any other prohibition or regulation imposed in order to guarantee the physical and/or psychological integrity of the protected person.
2011/12/06
Committee: LIBE
Amendment 82 #
Proposal for a regulation
Article 19 a (new)
Article 19a Data collection In order to facilitate evaluation of the application of this Regulation, Member States shall communicate to the Commission relevant data relating to the application of national procedures on the issuing of certificates referred to in Article 5 and the transmission thereof between competent authorities. Those data shall include, at least, information on the number of protection measures and certificates requested, issued and/or recognised and on the number of certificates refused, suspended and/or withdrawn, as well as the reasons for such refusal and/or withdrawal.
2011/12/06
Committee: LIBE