18 Amendments of Nathalie GRIESBECK related to 2011/0130(COD)
Amendment 1 #
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure. It does not apply to protection measures covered by Regulation (EC) No 2201/2003 or to the protection measures covered by Directive [...] of the European Parliament and of the Council on the European protection order, in order to prevent overlapping between the civil law and criminal law systems.
Amendment 2 #
Proposal for a regulation
Article 2 – point a
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.
Amendment 3 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person: of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)1, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor in a language which they understand: _______________ 1 OJ L 324, 10.12.2007, p. 79.
Amendment 4 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. When bringing to the notice of the person causing the risk the information referred to in paragraphs 1 and 2, the competent authorities of the Member State of origin and those of the Member State of recognition shall be particularly attentive to the fact that it is not in the interests of the protected person to have his or her address or other personal details divulged unless this is necessary for the purposes of enforcement of the protection measure.
Amendment 5 #
Proposal for a regulation
Article 19 a (new)
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.
Amendment 44 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice, facilitating access to justice, in particular through the principle of mutual recognition of judicial and extra-judicial decisions in civil matters. In order to establish progressively such an area, the Union should adopt, amongst other things, measures relating to judicial cooperation in civil matters, particularly when necessary for the proper functioning of the internal market and for the full exercise by EU citizens of their right to move and reside freely in the territory of the Member States.
Amendment 45 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 49 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 50 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) In the context of implementation of this Regulation, Member States should take the necessary steps to ensure that the protected person does not have to meet the financial costs connected with recognition of the protection measure in another Member State.
Amendment 51 #
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) Member States should foster as much direct contact as possible between the competent authorities in the context of implementation of this Regulation, and should promote regular training for judicial authorities and other competent authorities likely to come into contact with victims or potential victims, so that they can offer them adequate assistance.
Amendment 53 #
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority. It does not apply to protection measures covered by Regulation (EC) No 2201/2003, or to the protection measures covered by Directive [...] of the European Parliament and of the Council on the European protection order.
Amendment 63 #
Proposal for a regulation
Article 3
Article 3
The authorities of the Member State where the person's life, physical and/or psychological integrity or liber, dignity, personal freedom or sexual integrity is at risk shall have jurisdiction.
Amendment 67 #
Proposal for a regulation
Article 8
Article 8
If a protection measure is not known in the Member State of recognition, the competent authority in that Member State shall, to the extent possible, adapt the protection measure to one known under its own law which has equivalent effects attached to it and pursues similar aims and interests, and which also guarantees the protected person the same level of protection.
Amendment 75 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory wording
Article 13 – paragraph 1 – introductory wording
1. The competent authorities of the Member State of origin shall, without delay and according to the law of that Member State, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor:
Amendment 77 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person, in a language which they both understand:
Amendment 78 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor:
Amendment 79 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 81 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Data collection In order to facilitate the evaluation of the application of this Regulation, Member States shall communicate to the Commission the relevant data on the implementation of national procedures for the issuing of the certificates referred to in Article 5 and the transmission thereof between competent authorities, at least as regards the number of protection measures and certificates requested, issued and/or recognised, with due regard for the fundamental principles of privacy and the protection of personal data.