Activities of Carmen ROMERO LÓPEZ related to 2011/0130(COD)
Plenary speeches (1)
Mutual recognition of protection measures in civil matters (debate)
Amendments (8)
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 3 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person: of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)1, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor in a language which they understand: _______________ 1 OJ L 324, 10.12.2007, p. 79.
Amendment 4 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. When bringing to the notice of the person causing the risk the information referred to in paragraphs 1 and 2, the competent authorities of the Member State of origin and those of the Member State of recognition shall be particularly attentive to the fact that it is not in the interests of the protected person to have his or her address or other personal details divulged unless this is necessary for the purposes of enforcement of the protection measure.
Amendment 5 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Data collection In order to facilitate evaluation of the application of this Regulation, Member States shall communicate to the Commission relevant data relating to the application of national procedures on the issuing of certificates referred to in Article 5 and the transmission thereof between competent authorities. Those data shall include, at least, information on the number of protection measures and certificates requested, issued and/or recognised and on the number of certificates refused, suspended and/or withdrawn, as well as the reasons for such refusal and/or withdrawal, with due regard for the fundamental principles of privacy and the protection of personal data.
Amendment 6 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 7 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The certificate should not be susceptible of appeal. However, if the protection measure is suspended or withdrawn in the Member State of origin, the competent authority of that Member State should inform the competent authority of the Member State of recognition thereof, which should immediately suspend or withdraw the recognition and/or enforcement of the protection measure accordingly.
Amendment 83 #
Proposal for a regulation
Article 20
Article 20
By [fiveour years from the date of application in Article 23] at the latest, the Commission shall submit a report to the European Parliament, the Council and the European Economic and Social Committee on the application of this Regulation and on the interaction between this Regulation and Directive [...]of the European Parliament and of the Council [of ...] on the European Protection Order. If necessary, the report shall be accompanied by proposals for adaptation.