10 Amendments of Timothy KIRKHOPE 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 52 #
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; accordingly, the anticipated implementation processes must complement each other. It is essential to prevent overlapping between the civil law and criminal law systems.
Amendment 55 #
Proposal for a regulation
Article 2 – point a – subparagraph 1
Article 2 – point a – subparagraph 1
(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 a personn individual person, as distinct from a group of people or a community, when serious reasons exist to consider the person's physical and/or psychological integrity or liberty to be at risk. It shall include measures ordered without the person causing the risk being summoned to appear.
Amendment 64 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The competent authorities of the Member State of origin shall issue the certificate using the standard form set out in the Annex as a suggested model, that model being open to further debate and consultation with Member States, containing, inter alia, a description of the civil measure which shall be formulated in such a way as to facilitate the recognition and, where applicable, the enforcement in the second Member State.
Amendment 68 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory wording
Article 10 – paragraph 2 – introductory wording
A person accused of causing the risk who did not enter an appearance in the Member State of origin shall have the right to a fair trial and to apply for a review of the protection measure before the competent authorities of that Member State where
Amendment 72 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 74 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The recognition of a protection measure having a civil basis may not be refused because the law of the Member State of recognition does not allow for such a measure based on the same facts.
Amendment 80 #
Proposal for a regulation
Article 16
Article 16
An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitlconsidered, in any proceeding relating to the enforceability of the protection measure, to benefit from the most favourablefor entitlement to benefit from legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of recognition, as decided by the Member State.
Amendment 84 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Within the framework of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC, the Member States shall provide a description of the national rules and procedures concerning protection measures, including authorities competent for recognition and/or enforcement with a view to making it available to the public. Information concerning individual cases shall remain confidential.