18 Amendments of Izaskun BILBAO BARANDICA related to 2010/0802(COD)
Amendment 91 #
Draft directive
Citation - 1 (new)
Citation - 1 (new)
having regard to Article 3(2) of the Treaty on European Union which commits the Union to offering ‘its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to [...] the prevention and combating of crime’,
Amendment 95 #
Draft directive
Recital 4
Recital 4
(4) The resolution of the European Parliament of 2 February 2006 on the current situation in combating violence against women and any future actions recommends that Member States formulate a zero-tolerance policy as regards all forms of violence against women and calls on Member States to take appropriate measures to ensure better protection of and support to actual and potential victims. including therein prevention of both physical and emotional abuse and of actions undermining the dignity of people who are threatened, persecuted or harassed in any way.
Amendment 104 #
Draft directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In applying this Directive it should be recalled that public authorities are under an obligation to ensure that citizens have the fundamental rights that the European protection order seeks to guarantee, that the parties concerned should not be burdened with additional financial costs, the procedures involved should be made as simple as possible and the extent to which the measures affect both the persons at risk and the persons causing the danger should be transparent.
Amendment 114 #
Draft directive
Recital 10
Recital 10
(10) Where appropriate, it should be possible to use electroto improve the level of compliance with this Directive, all available technical means with a view to putting into practice the measures adopted in application of this Directive, in accordance with national laws and proceduresshould be used to improve the protection of people at risk, without prejudice to the laws and procedures applicable in each Member State and to EU legislation on data protection. The means employed may range from telematic devices that facilitate the tracing, protection and surveillance of the protected persons or the persons causing the danger, to the creation of EU databases at Eurojust and Europol which can assist the competent authorities in the exchange of information needed to achieve the aims of this Directive.
Amendment 128 #
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 aiming 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, dignity or sexual integrity of a person.
Amendment 134 #
Draft directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. "Person causing danger" means the natural person on whom one or more of the obligations or prohibitions, referred to in Article 2(2), have been imposed, or organisations threatening the safety or dignity of individuals for whom protection orders have been issued.
Amendment 139 #
Draft directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) an obligation to avoid contact with prohibition from contacting the protected person either protected personersonally or via communications in hardcopy form, on storage media or by telephone, electronic or telematic media;
Amendment 141 #
Draft directive
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
Amendment 148 #
Draft directive
Article 4 a (new)
Article 4 a (new)
Article 4a European register of protection orders, protected persons and persons causing danger 1. The competent authorities in the Member States shall, via bodies such as Eurojust or Europol, establish European judicial and law-enforcement databases for the sole purpose of ensuring said authorities have available tools to achieve the objectives of this directive. These registers shall be subject to national and EU legislation on data protection and shall be equipped with the maximum degree of security and privacy protection. 2. A register of European protection orders shall be established which shall state, as a minimum, the name and place of residence of protected persons, the name of the State issuing, executing and overseeing the order, details of the protection measures involved and the names of the persons immediately responsible for enforcement of these measures. 3. A register of persons causing danger shall be established which shall give the name and place of residence of said persons, details of the restrictions they must observe and the legal decisions concerning them. 4. The competent authorities designated by each Member State shall establish a procedure whereby information is passed on promptly each time a new case is entered in these registers and the protected persons, the persons causing danger, and the judicial, law-enforcement and administrative services responsible for implementing the protection measures in the executing State are notified at once. 5. Notification shall be sent to the protected persons and to the persons causing danger in order that both parties may be informed of the full extent of the protection measures and restrictions affecting them, that they may exercise their right to appeal, their right to be heard or any other right that may apply to their situation, and in accordance with legislation on data protection.
Amendment 170 #
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. This would best be achieved through notification that the order and the persons affected by it have been entered in the databases referred to in Article 4a.
Amendment 216 #
Draft directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The European protection order shall be recognised without delin a maximum of fifteen days.
Amendment 220 #
Draft directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The competent authorities shall inform the persons concerned, on the same day as the decision is taken, whether the European protection order has been recognised or refused.
Amendment 222 #
Draft directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The competent authorities shall exchange data to compile European statistics that will, as a minimum, include information on the number of orders issued, recognised and refused, the grounds for refusal, the type of protection measures adopted, the number of persons causing danger and the impact of this Directive on crime prevention and the prevalence of offences that protection orders are designed to prevent, especially sexual offences and cases of violence against women. The European Institute for Gender Equality shall be responsible for compiling these statistics and the corresponding indicators and shall also prepare, within two years of this Directive entering into force, a comparative study on the legal status of protection measures in the Member States.
Amendment 223 #
Draft directive
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. The Member States and the Commission shall work together to run a Europe-wide education and publicity campaign about the European protection order and its scope. The campaign will target in the first instance the judiciary, legal practitioners, law-enforcement authorities and, in general, all those public services, the social services in particular, that come up against the problems that protection orders are designed to prevent. Awareness-raising campaigns targeting the general public shall also be run.
Amendment 224 #
Draft directive
Article 16 – paragraph 1
Article 16 – paragraph 1
The European protection order shall be translated into the official language or one of the official languages of the executingf the executing State and into the language preferred by the protected person and/or the person causing the danger when he or she resides in a region or area that has legally recognised official languages other than the languages of the Member State.
Amendment 228 #
Draft directive
Article 17
Article 17
Costs resulting from the application of this Directive shall be borne by the executing State, except for costs arising exclusively within the territory of the issuing State. In no case shall the person protected by a protection order be required to pay costs over and above the normal administrative charges involved in implementing the European protection order. Neither shall he or she be obliged to start administrative procedures in connection with the order in the executing State.
Amendment 229 #
Draft directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. The High Representative of the Union for Foreign Affairs and Security Policy shall present, within a period of three years from the date of entry into force of this Directive, a study into whether it would be legally possible for agreements to be signed with non-EU countries that would make the European protection order enforceable in said countries, setting out the priorities and strategies needed to achieve this.
Amendment 230 #
Draft directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. By …., tThe Commission shall draw up a report based on the information received from the Member States under Article 19(2). n annual report on the level of compliance with protection orders which it shall present to Parliament in accordance with Articles 14(3) and 19(2). Taking the data thus collected the Commission shall forward to the Council by....* a report in which it shall assess: ––––––––––––––––– * OJ: please insert date 4 years after the entry into force of this Directive