21 Amendments of Manfred WEBER related to 2010/0802(COD)
Amendment 133 #
Draft directive
Article 1 – point 2
Article 1 – point 2
2. "Protection measure" means a decision adopted by a competent authority of a Member State imposing on a person causing danger 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 State, in the context of criminal proceedings following a criminal offence committed by the person causing danger, imposing on the person causing danger one or more of the obligations or prohibitions referred to in Article 2(2) with a view to safeguarding the protected person's life, physical or psychological integrity, liberty or sexual integrity.
Amendment 137 #
Draft directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) anthe obligation to avoid any form of contact with the protected person, including by telephone, electronically or by post, fax or any other means; or
Amendment 162 #
Draft directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Before a European protection order is issued, the person causing danger shall be given the right to be heard and the right to challenge the protection measure, if he has not had these rights in the procedure leading to the adoption of the protection measure.
Amendment 171 #
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 communication shall also be made directly between the said competent authorities.
Amendment 175 #
Draft directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When an authority of the executing State which receives a European protection order has no competence to recognise it, that authority shall, ex officio, forward the European protection order to the competent authority and shall immediately inform the competent authority of the issuing State accordingly, by any means which leaves a written record.
Amendment 180 #
Draft directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) inform the person causing danger, the competent authority of the issuing State and the protected person of any measures taken in accordance with point (a), avoiding, where appropriate, disclosing the address or other contact details concerning the protected person which might expose him to danger;
Amendment 183 #
Draft directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(bb) immediately inform the competent authority of the issuing State by any means which leaves a written record and set a deadline for it to provide the missing information, if it considers that the information transmitted with the European protection order in accordance with Article 6 is incomplete;
Amendment 186 #
Draft directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 197 #
Draft directive
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State;
Amendment 198 #
Draft directive
Article 9 – paragraph 2 – point d b (new)
Article 9 – paragraph 2 – point d b (new)
(db) the national law of the executing State makes no provision for protection measures to be taken in the context of criminal proceedings;
Amendment 199 #
Draft directive
Article 9 – paragraph 2 – point d c (new)
Article 9 – paragraph 2 – point d c (new)
(dc) criminal prosecution against the person causing danger for the act or behaviour in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or behaviour falls within its competence under its national law;
Amendment 200 #
Draft directive
Article 9 – paragraph 2 – point d d (new)
Article 9 – paragraph 2 – point d d (new)
(dd) the protection measure relates to a criminal offence which under the law of the executing State is regarded as having been committed wholly or for an essential part within its territory.
Amendment 202 #
Draft directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Where the competent authority of the executing State refuses to recognise a European protection order in application of one of the grounds set out in paragraph 2, it shall, where appropriate, inform the protected person about the possibility of requesting the adoption of a criminal or civil-law protection measure according to its national law.
Amendment 204 #
Draft directive
Article 9 a (new)
Article 9 a (new)
Amendment 207 #
Draft directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where a judgment, as defined in Article 2 of Council Framework Decision 2008/947/JHA, or a decision on supervision measures, as defined in Article 4 of Council Framework Decision 2009/829/JHA, has already been transferred, or is transferred after the issuing of the European protection order, to another Member State, subsequent decisions shall be taken in accordance with the relevant provisions of those Framework Decisions.
Amendment 208 #
Draft directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The competent authority of the issuing State shall immediately inform the competent authority of the executing State of any decision taken in accordance with paragraph 1.
Amendment 209 #
Draft directive
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. If the competent authority in the issuing State has revoked or withdrawn the European protection order in accordance with paragraph 1(a), the competent authority in the executing State shall end the measures adopted in accordance with Article 8(1) as soon as it has been duly notified by the competent authority of the issuing State.
Amendment 211 #
Draft directive
Article 10 – paragraph 3 c (new)
Article 10 – paragraph 3 c (new)
3c. If the competent authority in the issuing State has modified the European protection order in accordance with paragraph 1(a), the competent authority in the executing State shall, where appropriate: (a) change the measures taken on the basis of the European protection order, acting in accordance with Article 8; or (b) refuse to enforce the modified obligation or prohibition when it does not fall within the obligations or prohibitions referred to in Article 2 or if the information transmitted with the European protection order in accordance with Article 7 is incomplete and has not been completed within the time-limit set by the competent authority of the executing State in accordance with Article 8(2a).
Amendment 213 #
Draft directive
Article 11
Article 11
Amendment 214 #
Draft directive
Article 11 a (new)
Article 11 a (new)
Article 11a Grounds for discontinuation of measures taken on the basis of a European protection order 1. The competent authority of the executing State may discontinue the measures taken in execution of a European protection order: (a) where there is sufficient indication that the protected person does not reside or stay in the territory of the executing State, or has definitively left that territory; (b) when, according to its national law, the maximum term of duration of the measures adopted in execution of the European protection order has expired; (c) in the case referred to in Article 10(3c)(b); (d) where a judgment, as defined in Article 2 of Council Framework Decision 2008/947/JHA, or a decision on supervision measures, as defined in Article 4 of Council Framework Decision 2009/829/JHA, is transferred to the executing State after the recognition of the European protection order. 2. The competent authority of the executing State shall immediately inform the competent authority of the issuing State of such a decision. 3. Before discontinuing measures in accordance with paragraph 1(b) the competent authority of the executing State may invite the competent authority of the issuing State to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the particular case at hand. The competent authority of the issuing State shall reply to such a request immediately.
Amendment 221 #
Draft directive
Article 13
Article 13