21 Amendments of Sonia ALFANO related to 2010/0817(COD)
Amendment 81 #
Draft directive
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii) any other judicialcompetent authority as defined by the issuing State and, in the specific case, acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law,
Amendment 83 #
Draft directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 85 #
Draft directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 104 #
Draft directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. If the issuing authority so wishes, transmission may be effected via the secure telecommunications system of the European Judicial Network or via Eurojust.
Amendment 105 #
Draft directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. If the executing authority is unknown, the issuing authority shall make all necessary inquiries, including via Eurojust and the European Judicial Network contact points, in order to obtain the information from the executing State.
Amendment 107 #
Draft directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. All difficulties concerning the transmission or authenticity of any document needed for the execution of the EIO shall be dealt with by direct contacts between the issuing and executing authorities involved or, where appropriate, with the involvement of the central authorities of the Member States. Within the limits of its mandate, Eurojust shall provide assistance in any matter connected with the issue, transmission or execution of the EIO, in order to facilitate its use.
Amendment 112 #
Draft directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When the executing authority decides to avail itself of the possibility referred to in paragraph 1, it shall first, possibly with the assistance of Eurojust, confer with the issuing authority in order to identify the alternative measures best suited to the circumstances concerned; following this consultation stage, the executing authority shall officially inform the issuing authority, which may decide to withdraw the EIO.
Amendment 124 #
Draft directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The executing authority shall without undue delay transfer the evidence obtained as a result of the execution of the EIO to the issuing State. Where requested in the EIO and if possible under national law of the executing State, the evidence shall be immediately transferred to the competent authorities of the issuing State assisting in the execution of the EIO in accordance with Article 8(3).
Amendment 133 #
Draft directive
Article 14 – title
Article 14 – title
Grounds for postponement of recognition or execution
Amendment 134 #
Draft directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. The recognition or execution of the EIO may be postponed in the executing State where:
Amendment 135 #
Draft directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Where the objects, documents, or data concerned are already relevant to other proceedings the executing authority may, at the explicit request of and after conferring with the issuing authority, temporarily transfer the evidence on condition that it be returned to the executing State as soon as it is no longer required in the issuing State or at any other time agreed between the competent authorities.
Amendment 171 #
Draft directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
Amendment 172 #
Draft directive
Article 21 – paragraph 2 – point b a (new)
Article 21 – paragraph 2 – point b a (new)
(ba) the witness or expert does not agree to the hearing taking place by that method, citing reasonable grounds which must be assessed by the judicial authority of the executing State in accordance with its national rules.
Amendment 177 #
Draft directive
Article 21 – paragraph 10 – point a
Article 21 – paragraph 10 – point a
(a) the accused person does not consent, citing reasonable grounds which must be assessed by the judicial authority of the executing State in accordance with its national rules, after consulting the issuing authority;
Amendment 180 #
Draft directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the witness or expert does not agree to the hearing taking place by that method, citing reasonable grounds which must be assessed by the judicial authority of the executing State in accordance with its national rules.
Amendment 185 #
Draft directive
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 188 #
Draft directive
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 192 #
Draft directive
Article 27
Article 27
Amendment 196 #
Draft directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. By …**, Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Directive.
Amendment 197 #
Draft directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall, by …***, submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with and implement this Directive, accompanied, if necessary, by legislative proposals.
Amendment 198 #
Draft directive
Article 32
Article 32