19 Amendments of Simon BUSUTTIL related to 2010/0802(COD)
Amendment 96 #
Draft directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to establish the causes of violence and enhance the protection of victims, it is necessary to have statistics and comparable data on violence at Union level. To this effect Member States should collect data related to the number of European protection orders requested, issued and enforced, data related to breaches of the protection measures adopted, as well as information on the types of crimes, for example domestic violence, forced marriages, female genital mutilation, honour-related violence, abuse of the elderly, stalking and harassment and other forms of gender- based violence. In addition, data on victims of terrorism and of organised crime should be included in the data collection and all data should be differentiated by gender and forwarded every year to the Commission and to the European Parliament.
Amendment 99 #
Draft directive
Recital 6 a (new)
Recital 6 a (new)
(6a) This Directive should not be solely restricted to victims of gender violence but should also apply to all types of victims from the acts or behaviour of another person which may, in whatever way, endanger the victim's life, integrity, dignity or personal liberty. The measures undertaken in this Directive should also aim at preventing any form of harassment, abduction, stalking and any form of indirect coercion. They should also seek to prevent the commission of any new criminal acts and reduce the consequences and effects of any previous ones.
Amendment 102 #
Draft directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Member States should also facilitate the issuance of a European protection order to protect the family members, living together with the victim, who already has a European protection order.
Amendment 105 #
Draft directive
Recital 8
Recital 8
(8) This Directive should be applied and enforced in such a way that the protected person receives the same or equivalent protection in the executing State as he would have received if the protection measure had been issued in that State ab initio, thus avoiding any discrimination. Member States should take the necessary measures in order to ensure that no financial costs are imposed on the protected person when he or she requests the issuing of a European protection order.
Amendment 107 #
Draft directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Taking into consideration the different judicial systems in the Member States, it seems appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Following receipt of a European protection order, the executing State, while under a general obligation to act, should be allowed to give effect to this order in the way which is most appropriate in the light of its own legal system.
Amendment 110 #
Draft directive
Recital 8 b (new)
Recital 8 b (new)
(8b) When implementing this Directive, Member States should consider putting in place procedures allowing for the protected person and the person causing danger to be heard, if needed, before recognising and enforcing a European protection order, as well as legal remedies against decisions to recognise and enforce a European protection order.
Amendment 115 #
Draft directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States should pay particular attention to cases where children are concerned and should take the necessary measures in order to ensure that they will be provided with assistance, support and protection, in cooperation with the appropriate national child protection associations taking into account the best interests of the child.
Amendment 116 #
Draft directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Member States should pay particular attention to cases where mentally and physically disabled persons are concerned and should take in account the necessary assistance, medical and psychological help as provided by the Member States.
Amendment 117 #
Draft directive
Recital 10 c (new)
Recital 10 c (new)
(10c) As terrorist acts are usually perpetrated on an international scale by unidentified aggressors, easily attract media attention and instil a common fear in society, Member States should pay particular attention to victims of terrorism.
Amendment 119 #
Draft directive
Article - 1 new
Article - 1 new
Amendment 129 #
Draft directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2) “Protection measure” means a decision adopted by a competent authority of a Member State imposing on a person causing dangerin the issuing State in accordance with its national law and procedures by which one or more of the obligations or prohibitions, referred to in Article 2(2), provided that the infringement of such obligations or prohibitions constitutes a criminal offence under the law of the Member State concerned or may otherwise be punishable by a deprivation of liberty in that Member Stateare imposed on a person or persons causing or likely to cause danger, for the benefit of a protected person with a view to protecting the latter against an act which may endanger his life, physical or psychological integrity and dignity, personal liberty or sexual integrity.
Amendment 136 #
Draft directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) an obligation not to enter certain prohibition from entering the localities, places or defined areas where the protected person resides or that he, works or visits;
Amendment 158 #
Draft directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The authority which adopts a protection measure containing one or more of the obligations referred to in Article 2(2) shall inform the protected person about the possibility of requesting a European protection order when he intends to move to another Member State. The authority shall advise the protected person to submit the application before leaving the territory of the issuing State. or his or her legal representative, guardian or tutor in any appropriate way in accordance with procedures under its national law about the possibility of requesting a European protection order when he or she decides to reside or already resides in another Member State or he or she decides to stay or already stays on the territory of another Member State. The authority shall advise the protected person to submit the application before leaving the territory of the issuing State, while informing the protected person about the possibility of requesting the issuance of the European protection order in the executing State. Victims shall have the opportunity to request to be physically accompanied by a social worker during the issuing of the European protection order, if needed.
Amendment 169 #
Draft directive
Article 6 - point i a (new)
Article 6 - point i a (new)
(ia) both the issuing state and executing state, where appropriate, with full respect for freedom of expression, shall encourage the media and journalists to adopt self -regulatory measures to ensure the protection of the private and family life of victims in the framework of information activities.
Amendment 173 #
Draft directive
Article 7 - Paragraph 1a (new)
Article 7 - Paragraph 1a (new)
(1a) Necessary measures, such as the possibility of requesting information in the executing state in the language spoken by the victim, need to be taken into account in order to reduce communication difficulties with the victim as regards the understanding of the protection measures by the victim,
Amendment 191 #
Draft directive
Article 8 a (new)
Article 8 a (new)
Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate measures to prevent violence against persons 2. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, including preventive and warning measures towards the person causing danger, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 3. Member States shall promote regular training for the judicial authorities and other competent authorities likely to come into contact with victims and potential victims, aimed at enabling them to offer adequate assistance.
Amendment 192 #
Draft directive
Article 8 a (new)
Article 8 a (new)
Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate actions such as information and awareness-raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 2. Member States shall promote regular training for members of the judiciary and other competent authorities likely to come into contact with victims, aimed at enabling them to offer adequate assistance.
Amendment 203 #
Draft directive
Article 9 a (new)
Article 9 a (new)
Article 9a Request for review The victim whose request for a European protection order has been denied, shall have the possibility to ask for a review.
Amendment 206 #
Draft directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(1a) If the victim leaves the executing state and returns to the issuing State, the issuing State shall continue to provide the victim with the protection measures that were initially imposed by that State.