Activities of Antigoni PAPADOPOULOU related to 2011/0130(COD)
Plenary speeches (1)
Mutual recognition of protection measures in civil matters (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters PDF (419 KB) DOC (375 KB)
Amendments (12)
Amendment 59 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice, facilitating access to justice, in particular through the principle of mutual recognition of judicial and extra-judicial decisions in civil matters. In order to establish progressively such an area, the Union should adopt, amongst other things, measures relating to judicial cooperation in civil matters, particularly when necessary for the proper functioning of the internal market and for placing the needs of victims of all forms of violence at the centre of the Union's justice system.
Amendment 60 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) When implementing this Regulation, Member States are encouraged to take into account the rights and principles enshrined in the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Amendment 61 #
Proposal for a regulation
Recital 3
Recital 3
(3) Differences between national rules governing protection measures hamper the sound operation of the internal market. Provisions to ensure rapid and simple recognition and, where applicable, enforcement of protection measures from Member States bound by this Regulation are essential to ensure the protection, assistance and support afforded isare maintained when a personvictim of violence travels or moves to another Member State.
Amendment 69 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation respects the fundamental rights of victims of violence (e.g. domestic violence) and of persons whose physical and/or psychological integrity or liberty is at risk, as well as that of the perpetrators, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, it seeks to ensure the rights of the defence and fair trial, as established in Article 47 thereof. This Regulation must be applied according to these rights and principles.
Amendment 70 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should pay particular attention to the fact that this Regulation also applies to cases where children are concerned, and should take the necessary measures to ensure that children are provided with assistance, support and protection, in their best interests.
Amendment 71 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) This Regulation should also apply to the recognition and enforcement of other decisions for the protection of minors which fall within the scope of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.
Amendment 74 #
Proposal for a regulation
Article 2 – point a – paragraph 2 – point i
Article 2 – point a – paragraph 2 – point i
(i) an obligation not to enter certain localities, places or defined areas where the protected person resides, works or that he or she visits; or
Amendment 82 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) he or she was not served with the document instituting the proceedings or an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence; or
Amendment 83 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) he or she was prevented from contesting the protection measure by reason of force majeure or due to extraordinary circumstances without any fault on his or her part;
Amendment 84 #
Proposal for a regulation
Article 10 – paragraph 2 – final part
Article 10 – paragraph 2 – final part
unless he or she failed to challenge the protection measure when it was possible for him or her to do so.
Amendment 86 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Prevention, information campaigns and training Member States shall take appropriate measures to prevent all forms of violence and crime against persons, and in particular against women and children who are the most vulnerable, and to organise, in cooperation with civil society organisations, appropriate actions such as awareness-raising campaigns, research and education programmes aimed at informing the public about the existence of schemes for the protection, assistance and support of victims of violence. Moreover, Member States shall promote regular training for the judicial authorities and other competent authorities likely to come into contact with victims and potential victims, with a view to ensuring that such persons are given appropriate protection, assistance and support.
Amendment 89 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Data collection In order to reveal the real causes of violence and develop fact-based measures for the protection of victims, it is essential to have reliable statistics and comparable data on violence, both at national and at Union level. To that end, Member States shall collect data relating to the number of European protection orders applied for, issued and enforced, data relating to breaches of the protection measures adopted, and information on all types of violence, for example domestic violence, forced marriages, female genital mutilation, "honour"-related violence, stalking and harassment. Data on victims of terrorism and of organised crime shall also be collected and differentiated by gender. All those data shall be forwarded annually to both the European Parliament and the Commission.