Activities of Nathalie GRIESBECK related to 2010/0802(COD)
Plenary speeches (2)
European protection order (debate)
European Protection Order (debate)
Amendments (9)
Amendment 90 #
Draft directive
Citation -1 (new)
Citation -1 (new)
having regard to the Treaty on European Union, and in particular Article 3(2) thereof,
Amendment 92 #
Draft directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Article 3(2) of the Treaty on European Union provides that ‘The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime’.
Amendment 108 #
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 in the way which is most appropriate in the light of its own legal system, and to take any corresponding measures guaranteeing the same level of protection under its national law in a similar case in order to ensure the protection of the protected person. This may mean that the measure adopted in the executing State is conceptually and legally independent of the original protection measure taken by the issuing State and underlying the European protection order.
Amendment 111 #
Draft directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The competent authority of the executing State should inform the person causing danger, the competent authority of the issuing State and the protected person of any measure taken on the basis of the European protection order. In the notification to the person causing danger due regard should be paid to the interest of the protected person in not having his/her address or other contact details disclosed. Such details should be excluded from the notification, provided that the address or other contact details are not included already in the obligation or prohibition imposed as an enforcement measure on the person causing danger.
Amendment 149 #
Draft directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. On the basis of a protection measure adopted in the issuing State, a judicial authority of thatEuropean protection order may be issued when a protected person decides to reside or already resides in another Member State, or another competent authority referred to in Article 4(2), shall, only at the request of the protected person, issue a European protection ordehe or she decides to stay or is already staying in another Member State. A judicial or equivalent authority of the issuing State may only issue a European protection order at the request of the protected person or of his or her legal representative, guardian or tutor, after verifying that the protection measure meets all the requirements set out in Article 3(12(2).
Amendment 154 #
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 possible to the competent authority of the issuing State in order, where appropriate, to issue the European protection order.
Amendment 160 #
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 toor 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 is already staying in another Member State. The authority shall adviseinform the protected person tohat he or she should submit the application before leaving the territory of the issuing State. It shall also inform him or her of the possibility of submitting the application while residing or already staying in the executing State.
Amendment 164 #
Draft directive
Article 6 – point c a (new)
Article 6 – point c a (new)
ca) the name, address, telephone and fax numbers, and e-mail address of the competent authority or authorities of the executing State;
Amendment 172 #
Draft directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity. All formal communications must also be conducted directly between the said competent authorities.