9 Amendments of Marina YANNAKOUDAKIS related to 2010/0802(COD)
Amendment 103 #
Draft directive
Recital 7
Recital 7
(7) In order to prevent a new crime being committed against the victim in the executing state, that state should be given a legal basis for recognising the decision previously adopted in the issuing state in favour of the victim, while also avoiding the need for the victim to start new proceedings or to produce the evidence in the executing state again as if the issuing state had not adopted the decision. However, it should be recognised that there are differences in Member States' criminal proceedings and legislative processes.
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 156 #
Draft directive
Article 5 – paragraph 2– subparagraph 2
Article 5 – paragraph 2– subparagraph 2
If such a request is submitted in the executing State, its competent authority shall transfer this request as soon as possible to the competent authority of the issuing State in order, where appropriate, to issue the European protection order. The victim or the applicant shall be informed in a timely manner of the status and limitations of the European protection order by the issuing state
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.
Amendment 219 #
Draft directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The European protection order shall be recognised without delay with the exception of emergencies, travel or death.