Activities of Emine BOZKURT related to 2011/0297(COD)
Plenary speeches (1)
Criminal sanctions for insider dealing and market manipulation (debate)
Amendments (8)
Amendment 10 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In order for the sanctions for the offences referred to in Articles 3 and 4 to be effective and dissuasive, a minimum of the maximum term of imprisonment should be set in this Directive.
Amendment 11 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should fully respect the ne bis in idem and the favor rei principles and ensure that if an administrative sanction has already been applied, no criminal sanction shall be applied in relation to the same facts, in case the administrative and the criminal sanctions are of the same nature.
Amendment 12 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should take the necessary measures to ensure that law enforcement and judicial authorities or other services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4 are appropriately trained. Member States should take the necessary measures to ensure that effective investigative tools are available for law enforcement and judicial authorities or other services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4.
Amendment 13 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Every conviction imposed according to this Directive should be promptly made public and include at least information on the type and nature of the offence, of the sanction and the identity of the convicted natural or legal person, to the extent that this would not seriously jeopardise the stability of financial markets or cause disproportionate damage to the parties involved.
Amendment 15 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to ensure effective prosecution of cross-border cases, Member States should take the necessary measures to establish their jurisdiction over the offences referred to in Articles 3 and 4, where the offence has been committed in whole or in part within their territory or for the benefit of a natural or legal person residing or established in the territory of a Member State.
Amendment 21 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Jurisdiction Member States shall take the necessary measures to establish their jurisdiction over the offences referred to in Articles 3 and 4, where : (a) the offence has been committed in whole or in part within their territory; or (b) the offence has been committed for the benefit of a natural or a legal person residing or established in the territory of a Member State.
Amendment 22 #
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Amendment 23 #
Proposal for a directive
Article 8 c (new)
Article 8 c (new)
Article 8c Training and investigative tools 1. Member States shall take the necessary measures to ensure that law enforcement and judicial authorities or other services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4 are appropriately trained. 2. Member States shall take the necessary measures to ensure that effective investigative tools are available for law enforcement and judicial authorities or other services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4.