Activities of Timothy KIRKHOPE related to 2010/0802(COD)
Plenary speeches (1)
European Protection Order (debate)
Amendments (6)
Amendment 123 #
Draft directive
Article - 1 (new)
Article - 1 (new)
Amendment 127 #
Draft directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1) “European protection order” means a judicial decision relating to a protection measure issued by a Member State and aimingin the context of criminal proceedings following the commission of a criminal offence aimed at facilitating the taking by another Member State, where appropriate, of a protection measure under its own national law with a view to the safeguard of the life, physical and psychological integrity, freedom or sexual integrity of a person.
Amendment 131 #
Draft directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2) "Protection measure" means a decision adopted by a competent authority of a Member State imposing on a person causing dangerin the issuing State in the context of criminal proceedings by which 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 Stateare imposed on a person causing danger, for the benefit of a protected person with a view to protecting the latter against a criminal act which may endanger his life, physical or psychological integrity, personal liberty or sexual integrity.
Amendment 189 #
Draft directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The competent authority of the executing State shall inform without delay the person causing danger, the competent authority of the issuing State and the protected person about the measures adopted in accordance with this Article. whilst avoiding disclosing the address or other contact details concerning the protected person. The person causing danger must have the opportunity to challenge the measures.
Amendment 210 #
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, as appropriate: (a) change the measures taken on the basis of the European protection order, acting in accordance with Article 8; (b) refuse to enforce the modified obligation or prohibition when it does not fall within the types of obligations or prohibitions referred to in Article 4, does not respect the wishes of the victim or is incompatible with the European Convention on Human Rights (ECHR), or if the information transmitted with the European protection order in accordance with Article 6 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 212 #
Draft directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
1. The competent authority of the executing State may revoke the recognidiscontinue the measures taken in execution of a European protection order: (a) where there is evidence that the protected person has definitively left the territory of the executing State. victim requests the discontinuation of the protection measure or the discontinuation of the protection measure is required to protect any person’s rights under the ECHR.