BETA

19 Amendments of Nathalie GRIESBECK related to 2014/0408(COD)

Amendment 50 #
Proposal for a directive
Recital 6 a (new)
(6a) In all legal cases involving children, Member States should uphold the principle that the best interests of the child should be taken into consideration first.
2015/01/06
Committee: LIBE
Amendment 58 #
Proposal for a directive
Recital 10
(10) When, at the time a person person over the age of 18 becomes a suspect or accused person in criminal proceedings, that person is above the age of 18, Member States are encouraged to apply the procedural safeguards foreseen by for an offence committed while under the age of 18, this Directive should apply until this person reaches the age of 21.
2015/01/06
Committee: LIBE
Amendment 59 #
Proposal for a directive
Recital 11
(11) Member States should determine the age of children on the basis of the children’s own statements, checks of their civil status, documentary research, other evidence and, if such evidence is unavailable or inconclusive, on the basis of a medical examination. A medical examination should be carried out as a last resort and in strict compliance with the child’s rights, physical integrity and human dignity.
2015/01/06
Committee: LIBE
Amendment 65 #
Proposal for a directive
Recital 17
(17) In some Member States an authority other than a public prosecutor and a court having jurisdiction in criminal matters has competence for imposing penalties other than deprivation of liberty in relation to relatively minor offences. That may be the case, for example, in relation to traffic offences which are committed on a large scale and which might be established following a traffic control. In such situations, it would be unreasonable to require the competent authorities to ensure mandatory access to a lawyer. Where the law of a Member State provides for the imposition of a penalty regarding minor offences by such an authority and there is either a right of appeal or the possibility for the case to be otherwise referred to a court having jurisdiction in criminal matters, mandatory access to a lawyer should therefore apply only to the proceedings before that court following such an appeal or referral. In some Member States proceedings involving children may be dealt with by public prosecutors who may impose penalties. In such proceedings children should have mandatory access to a lawyer.deleted
2015/01/06
Committee: LIBE
Amendment 80 #
Proposal for a directive
Recital 23
(23) Such audio-visual records should be accessible only to the judicial authorities and the parties to the proceedings. Moreover, the questioning of children should be carried out in a manner that takes into account their age and level of maturity.
2015/01/06
Committee: LIBE
Amendment 85 #
Proposal for a directive
Recital 28
(28) Children should be judged in the absence of the public in order to protect their privacy and to facilitate their re- integration into society. IOnly in exceptional cases should the court may decide that a hearing should be held publicly after it has taken due account of the best interests of the childbe allowed, taking into account the best interests of the child, to hold a hearing in public. Member States should seek to protect the privacy of children in connection with criminal proceedings and their outcome, having regard also to breaches that might be committed through the media, including the internet, and to facilitate the re-integration into society of children involved in criminal proceedings, to that end taking steps to prevent discrimination and marginalisation.
2015/01/06
Committee: LIBE
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 3
3. This Directive appliWhen a person over the age of 18 becomes toa suspects or accused persons subject to in criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, whofor an offence committed while under the arge no longer children in the course of those proceedings, which started wof 18, this Directive shall apply until that person reachens they were children age of 21.
2015/01/06
Committee: LIBE
Amendment 106 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that children are informed promptlyimmediately about the proceedings under way and about their rights in accordance with Directive 2012/13/EU. They shall also be informed about the following rights within the same scope as Directive 2012/13/EU:
2015/01/06
Committee: LIBE
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1 – point 9 a (new)
(9a) their right to an effective remedy;
2015/01/06
Committee: LIBE
Amendment 112 #
Proposal for a directive
Article 4 – paragraph 1 – point 9 b (new)
(9b) their right of access to justice which is adapted to their needs, and to appropriate support services.
2015/01/06
Committee: LIBE
Amendment 114 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that the information provided for under paragraphs 1 and 2 is given orally or in writing, using appropriate methods in line with the age, maturity, knowledge and intellectual capacity of the child, in simple and accessible language which the child can understand and which takes account of cultural and gender differences.
2015/01/06
Committee: LIBE
Amendment 116 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Member States shall ensure that the child has the right to meet the holder of parental responsibility or appropriate adult as referred to in the first sub- paragraph as soon as possible after his or her arrest.
2015/01/06
Committee: LIBE
Amendment 122 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. The derogations provided for in Article 2(4) of Directive 2013/48/EU shall not apply to children.
2015/01/06
Committee: LIBE
Amendment 129 #
Proposal for a directive
Article 7 – paragraph 7
7. Member States may derogate from the obligation in paragraph 1 when it is not proportionate to carry out an individual assessment taking into account the circumstances of the case and whether or not the child has previously come to the attention of Member State authorities in the context of criminal proceedings.deleted
2015/01/06
Committee: LIBE
Amendment 143 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure that any questioning of children is carried out in a manner that takes into account their age and level of maturity.
2015/01/06
Committee: LIBE
Amendment 146 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
1a. Children who are deprived of liberty shall have the right to have immediate access to legal and any other appropriate assistance, as well as the right to challenge the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and to have a swift decision taken on the matter.
2015/01/06
Committee: LIBE
Amendment 164 #
Proposal for a directive
Article 14 – paragraph 2
2. Member States shall ensure that the competent authorities take appropriate measures in criminal proceedings to protect the privacy of the child and family members, including their names and images. Member States shall ensure that the competent authorities and non-state actors, such as the media, do not publicly disseminate information that could lead to the identification of the child.
2015/01/06
Committee: LIBE
Amendment 166 #
Proposal for a directive
Article 16 – title
Right of children to appear in person at, and take part in, the trial aiming at assessing the question of their guilt
2015/01/06
Committee: LIBE
Amendment 168 #
Proposal for a directive
Article 16 – paragraph 1
1. Member States shall ensure that children are present atcan take part in their trial and shall take all necessary steps to enable them to participate fully, including by giving them trial. he opportunity to be heard and to freely express their views at all stages of the proceedings.
2015/01/06
Committee: LIBE