Activities of Luigi BERLINGUER related to 2011/0130(COD)
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 (7)
Amendment 63 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Bearing in mind the principle of mutual recognition on which this Regulation is based, all official communications relating to a protection measure should take place, as far as possible, directly between the competent authorities of the Member State of origin and of the Member State of recognition, and the protected person should be kept informed. In order to ensure effective and speedy cross-border protection against potential threats, the protection measures taken and the certificates issued should also be recorded in a Union-wide database guaranteeing, for national authorities, secure and swift access to the information required.
Amendment 64 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Given the different legal traditions of the Member States, the protection measure taken in the Member State of origin may not be known in the Member State of recognition. In such cases, the competent authority in the Member State of recognition should, as far as possible, adapt the protection measure to one known and already provided for under its national law which has equivalent effects and pursues similar aims and interests. The competent authority in the Member State of recognition should be able, in accordance with its national law, to apply civil, administrative or criminal measures.
Amendment 65 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Due attention should also be paid to the need for the protected person to receive information and assistance in an easily accessible and comprehensive form. That information and assistance should in particular be provided in the language of the protected person. Steps should also be taken to ensure that the protected person can be understood during any interactions with competent authorities. In this connection, the protected person's knowledge of the language used to provide information, and his or her age, maturity, intellectual and emotional capacities, level of literacy and any mental or physical impairment relating, for example, to sight or hearing, should be taken into account. Equally, account should be taken of any limitations on a protected person's ability to communicate information. The role of those organisations should merely complement, not replace, the leading role that should be played by Member States.
Amendment 68 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Member States should recognise, encourage and support the work of civil society in supporting victims, including victims of gender-based violence, and establish effective methods of cooperation. Member States should facilitate contact between protected persons and those victim-support organisations during all proceedings relating to the recognition and enforcement of protection measures. To that end, the assisting services of the Member State of recognition should provide information on, or refer the protected person to, victim-support organisations that are able to provide assistance. However, this should complement, not replace, support services provided by the Member State concerned.
Amendment 77 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The competent authorities of the Member State of origin shall issue the certificate using the standard form set out in the Annex, containing, inter alia,: (a) a description of the measure which shall be formulated in such a way as to facilitate the recognition and, where applicable, the enforcement in the second Member State; and (b) an indication of the duration of the protection measure and, if applicable, of the sanctions to be imposed in the event of violation of that measure, and (c) if applicable, information on whether the protected person has benefited from partial or complete legal aid in the Member State of origin or any exemption from costs or expenses; this shall not, however, exempt the protected person from applying for legal aid in the Member State of recognition.
Amendment 79 #
Proposal for a regulation
Article 8
Article 8
If a protection measure is not known in the Member State of recognition, the competent authority in that Member State shall, to the extent possible, adapt the protection measure to one known and already provided for under its own law which has equivalent effects attached to it and pursues similar aims and interests.
Amendment 88 #
Proposal for a regulation
Article 16 – paragraph 1a (new)
Article 16 – paragraph 1a (new)
This shall not, however, exempt the protected person from applying for legal aid in the Member State of recognition.