Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | FEMM | JIMÉNEZ-BECERRIL BARRIO Teresa (PPE), ROMERO LÓPEZ Carmen (S&D) | MACOVEI Monica Luisa (PPE), COSTA Silvia (S&D), BILBAO BARANDICA Izaskun (ALDE), ROMEVA I RUEDA Raül (Verts/ALE), YANNAKOUDAKIS Marina (ECR), ERNST Cornelia (GUE/NGL), BLOOM Godfrey (NI) |
| Lead | FEMM | JIMÉNEZ-BECERRIL BARRIO Teresa (PPE), ROMERO LÓPEZ Carmen (S&D) | |
| Opinion | JURI | LICHTENBERGER Eva (Verts/ALE) | |
| Opinion | LIBE | JIMÉNEZ-BECERRIL BARRIO Teresa (PPE), ROMERO LÓPEZ Carmen (S&D) |
Legal Basis RoP 055, TFEU 082-p1
Activites
- 2011/12/21 Final act published in Official Journal
-
2011/12/13
Final act signed
-
2011/12/13
Decision by Parliament, 2nd reading
-
T7-0560/2011
summary
The European Parliament adopted a legislative resolution on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the European protection order. Parliament approved the Council position in first reading without amendment. It should be noted that in an annexed declaration, the Council made a Statement on the comprehensive approach to the question of recognition of protection measures. Considering the fact that this Directive is focused on protection measures taken in criminal matters, and given the different legal traditions in the Member States in this field, the Council is aware that this instrument will have to be complemented in the future by a similar mechanism for mutual recognition of protection measures taken in civil matters. In this respect, the Council recalls that the proposal presented by the Commission for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters is currently under examination in the preparatory bodies of the Council. In line with its Resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings (see Measure ‘C’), the Council commits itself to continuing the examination of this proposal as a matter of priority. It also commits itself to ensure that this instrument will complement the provisions of the Directive on the European protection order, so that the combined scope of application of the two instruments enables the cooperation among the Member States, irrespective of the nature of their national systems, with respect to the highest possible number of protection measures for victims.
-
T7-0560/2011
summary
- 2011/12/12 Debate in Parliament
-
2011/12/06
Committee recommendation tabled for plenary, 2nd reading
-
A7-0435/2011
summary
The Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality adopted the recommendation for second reading contained in the joint report by Teresa JIMÉNEZ-BECERRIL BARRIO (EPP, ES), and Carmen ROMERO LOPEZ (S&D, ES), and recommended that the European Parliament approve without amendment the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the European protection order. To recall, the Council position in first reading reflects the compromise reached between Parliament and Council during negotiations. The main change in comparison with Parliament's position in first reading concerns the scope of application of the instrument which has been partially redefined, by providing a tighter link between the possibility to issue a European protection order and a criminal conduct (Article 1). This modification aims at clarifying the connection of the instrument with the legal basis provided for by Article 82 (1) TFEU.
-
A7-0435/2011
summary
-
2011/12/05
Vote in committee, 2nd reading
-
2011/12/01
Committee referral announced in Parliament, 2nd reading
- #3127
-
2011/11/24
Council Meeting
-
15571/1/2011
summary
The Council reached an agreement on the position of the Council at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on the European protection order. In order to reach a sufficient support within the Council, in the course of the negotiations with the European Parliament the following modifications to the text have been agreed: the scope of application of the instrument has been partially redefined: by providing a tighter link between the possibility to issue a European protection order and a criminal conduct (Article 1). This modification aims at clarifying the connection of the instrument with the legal basis provided for by Article 82 (1) TFEU; link to a decision taken in criminal matters: with the same aim, it has been further specified that the protection measure at the basis of the European protection order must derive from a decision taken in criminal matters (Article 2 (2)); authority which issues the protection measure: in order to maintain the widest possible adaptability of the instrument in relation to the different national legal systems for the protection of victims of crime, it has been further specified that, as long as the conditions above are met, the nature of the authority which issues the protection measure underlying the European protection order is irrelevant (Recital 9), and that the Member State executing the European protection order may do so in accordance with the specificities of its own national system by administrative, civil or criminal proceedings (Article 9); relationship with Council framework Decision 2008/947/JHA: a new paragraph has been added to Article 13 clarifying the relationship between the issuing of a European protection order and proceedings according to Council Framework Decision 2008/947/JHA on mutual recognition of decisions on probation measures and alternative sanctions. To recall, the Council's Position at first reading reflects the compromise reached in negotiations between the Council and the European Parliament, facilitated by the Commission. On 23 September 2011, the Council (Justice and Home Affairs) took note of the draft agreement and confirmed its readiness to agree on the new text. The LIBE and FEMM Committees of the European Parliament on 4 October 2011 decided to mandate their Chairs to write a letter to the President of COREPER stating that, should the Council transmit formally to the Parliament its position in the form as it stands in the annex of the letter, they would, in their capacity as Chair of the Committee, recommend to the Plenary that the Council's position be accepted without amendment, subject to legal-linguistic verification, at Parliament's second reading.
-
15571/1/2011
summary
-
2010/12/14
Results of vote in Parliament
- Results of vote in Parliament
- Debate in Parliament
-
T7-0470/2010
summary
The European Parliament adopted by 610 votes to 13, with 56 abstentions, a legislative on the draft directive of the European Parliament and of the Council on the European Protection Order. It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Objective: this Directive sets out rules allowing a judicial or equivalent authority in a Member State, in which a protection measure has been issued with a view to protecting a person against a criminal act of another person to issue a European protection order enabling a competent authority in another Member State to continue the protection of the person concerned in the territory of this Member State.Scope: this Directive applies to protection measures which aim at protecting a person against a criminal act of another person which may, in any way, endanger his life, physical, psychological and sexual integrity, e.g. by preventing any form of harassment, as well as his dignity or personal liberty, e.g. by preventing abductions, stalking and other forms of indirect coercion, and aiming at avoiding new acts of crime or at reducing the consequences of previous acts of crime. These personal rights of the protected person correspond to fundamental values recognised and upheld in all Member States. It is important to underline that this Directive applies to protection measures which aim at protecting all victims and not only the victims of gender violence, taking into account the specificities of each type of crime concerned. This Directive is intended to apply to protection measures issued in favour of victims, or possible victims, of crimes; it should not apply to measures issued with a view to witness protection. If a protection measure is issued for the protection of a relative of the main protected person, an EPO may also be requested by and issued with regard to this relative, subject to the conditions laid out in this Directive.Recourse to a central authority: each Member State may designate a central authority or, where its legal system so provides, more than one central authority to assist its competent authorities. A Member State may, if it is necessary as a result of the organisation of its internal judicial system, make its central authority(ies) responsible for the administrative transmission and reception of any European protection order, as well as for all other official correspondence relating thereto. Condition of existence of a protection measure under national law: a European protection order may only be issued when a protection measure has been previously ordered in the issuing State, imposing on the person causing danger one or more of the following obligations or prohibitions: (a) a prohibition from entering certain localities, places or defined areas where the protected person resides or that he visits; (b) a 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 (c) a prohibition or regulation on approaching the protected person closer than a prescribed distance.Issue of a European protection order: a European protection order may be issued when the protected person decides to reside or already resides in another Member State, or when the protected person decides to stay or already stays in another Member State. When deciding upon the issuing of a European protection order, the competent authority in the issuing State shall take into account, inter alia, the length of the period or periods time for which the protected person envisages to stay in the executing State and the seriousness of the need for protection. A judicial or equivalent authority of the issuing State may issue a European protection order only at the request of the protected person and after verifying that the protection measure meets all the necessary requirements. The right to be heard and to challenge the protection measure: in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter on Fundamental Rights of the European Union, the person causing danger should be provided, either in the procedure leading to the adoption of a protection measure or before issuing a European protection order, with the possibility to be heard and to challenge the protection measure.Guardian: if the protected person has a guardian or representative, that person may introduce the request on behalf of the protected person.Information and rights in case of rejection: where the competent authority of the executing State refuses to recognize a European protection order in application of one of the above grounds, it shall: (a) inform the issuing State and the protected person without undue delay of this refusal and of its motivation; (b) where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure according to its national law; (c) where applicable, inform the protected person about legal remedies available under its national law against its decision. Where information is to be provided under this Directive to the person causing danger or the protected person, this information should also be provided to the guardian or the representative of the person concerned if they exist. Due attention should also be paid to the need for the protected person, the person causing danger or their representative in the proceedings, to receive information, as provided for by this Directive, in a language they understand. In the notification of the person causing danger due regard should be taken to the interest of the protected person of not having his/her address or other contact details disclosed. Such details should be excluded from the notification, provided that the address or other contact detail is not comprised in the obligation or prohibition imposed as an enforcement measure on the person causing danger.Content of the European protection order: the European protection order shall be issued in accordance with the form set out in Annex I to this Directive. It shall in particular contain the following information: (a) the date from which the protected person intends to reside or stay in the executing State, and the period or periods of stay, if known; (b) the use of a technical device, if any, that has been provided to the protected person or to the person causing danger as a means to enforce the protection measure; (c) whether the protected person and/or the person causing danger has been granted free legal aid in the issuing State.Reasons for refusal: the competent authority of the executing State may refuse to recognise a European protection order in the following circumstances:the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State;criminal prosecution against the person causing danger for the act or behaviour in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or behaviour falls within its competence under its national law; recognition of the European protection order would contravene the ne bis in idem principle;under the law of the executing State, the person causing danger cannot, because of his age, be held criminally responsible for the act or behaviour in relation to which the protection measure has been adopted. the protection measure relates to a criminal offence which under the law of the executing State is regarded as having been committed wholly or for a major or essential part within its territory.Where the competent authority of the executing State refuses to recognize a European protection order in application of one of the above grounds, it shall inform the issuing State and the protected person without undue delay of this refusal and of its motivation.In case of the breach of a protection measure: the executing State has competence to adopt and to enforce measures in that State following the recognition of a European protection order. The law of the executing State applies to the adoption and enforcement of the decision, including rules on legal remedies against decisions adopted in the executing State relating to the European protection order. In case of a breach of one or more of the measures taken by the executing State following the recognition of a European protection order, the competent authority of the executing State has the competences to take any non-criminal decisions related to the breach or take any urgent and provisional measure in order to put an end to the breach, pending, where appropriate, a subsequent decision by the issuing State.In the framework of cooperation among the authorities involved in ensuring the safeguard of the protected person, the competent authority of the executing State should communicate to the competent authority of the issuing State any breach of the measures adopted in the executing State with a view to executing the European protection order. This communication should enable the competent authority of the issuing State to promptly decide on any appropriate reaction with respect to the protection measure imposed in its State on the person causing danger. Such reaction may comprise, where appropriate, the imposition of a custodial measure in substitution of the non-custodial measure originally adopted, e.g. as alternative to preventive detention or as a consequence of conditional suspension of a penalty. It is understood that such decision, since it does not consist in the imposition ex novo of a criminal sanction in relation to a new criminal offence, does not interfere with the possibility that the executing State may, where applicable, impose criminal or non-criminal sanctions in case of breach of the measures adopted in order to execute the European protection order. Notice shall be given using the standard form set out in Annex II.Competence and flexibility of the application: provisions are provided as regards the clarification of competence rules applicable in the issuing State and executing State. Since in the Member States different kind of authorities (civil, criminal or administrative) are competent to issue and enforce protection measures, it seems appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Therefore, the competent authority in the executing State does not in all cases have to take the same protection measure as adopted in the issuing State, but it has a degree of discretion to adopt any measure which it finds adequate and appropriate under its national law in a similar case in order to provide continued protection to the protected person in the light of the protection measure adopted in the issuing State and as described in the European protection order.Discontinuation of measures: it is provided that the competent authority of the executing State may discontinue the measures taken in execution of a European protection order: (a) where there is clear indication that the protected person does not reside or stay in the territory of the executing State, or has definitively left that territory; (b) when, according to its national law, the maximum term of duration of the measures adopted in execution of the European protection order has expired. In these cases, the competent authority of the executing State shall immediately inform the competent authority of the issuing State and where possible, the protected person of such decision. Before discontinuing measures, the competent authority of the executing State may invite the competent authority of the issuing State to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the particular case at hand. Priority in recognition of a European protection order: the European protection order shall be recognized with the same priority which would be applicable in a similar national case, taking into consideration the specific circumstances of the case, including the urgency of the matter, the date foreseen for the arrival of the protected person on the territory of the executing State and, where possible, the degree of risk for the protected person.Data collection: in order to facilitate the evaluation of the application of this Directive, Member States should communicate to the European Commission relevant data related to the application of national procedures on the European protection order, at least on the number of European protection orders requested, issued and/or recognized. In this respect, other types of data, such as for example the types of crimes concerned, would also be useful.Costs: a recital states that the protected person should not be required to sustain costs for the recognition of the European protection order which are disproportionate with respect to a similar national case.
- 2010/12/07 Committee report tabled for plenary, 1st reading/single reading
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2010/11/29
Vote in committee, 1st reading/single reading
- #3034
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2010/10/07
Council Meeting
-
3034
summary
The Belgian presidency informed ministers of the state of play concerning the European protection order. The main point highlighted was that the two European Parliament committees concerned (Civil Liberties and Women's Rights) supported by a strong majority the general aim of the draft text in an orientation vote on 29 September 2010 (voting result: 64 to 1).The aim of the directive is to facilitate and enhance the protection afforded to victims of crime, or possible victims of crime, who move between EU member states.
-
3034
summary
- #3018
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2010/06/03
Council Meeting
-
3018
summary
The Council discussed publicly the Member State initiative for a European protection order. The aim of the directive is to facilitate and enhance the protection granted to victims of crime, or possible victims of crime, who move between EU Member States.After a long discussion, the presidency concluded that there is sufficient ground for the Council to continue discussions with the European Parliament with a view to reaching an agreement on the text of the draft directive. The presidency noted that at the next session of the Council in October 2010, the Council should assess the position of the United Kingdom, following a reasonable period of time as referred to in article 3, paragraph 2 of protocol 21 to the Lisbon Treaty.The paragraph reads: "If after a reasonable period of time a measure referred to in paragraph 1 cannot be adopted with the United Kingdom or Ireland taking part, the Council may adopt such measure in accordance with Article 1 without the participation of the United Kingdom or Ireland." Negotiations will now follow with the European Parliament and the Council will assess progress made at its next meeting in October 2010. Council and Parliament have to agree on a final text of the directive under the ordinary legislative procedure. Each Member State will then need to transpose the new rules into national law.The proposal for a European protection order is based on a joint initiative of twelve EU Member States, presented in January 2010. The focus of the initiative is on crimes which may endanger the victims' life, physical, psychological and sexual integrity or their personal liberty. The ultimate goal is to avoid new acts of crime and to mitigate the consequences of previous acts of crime.
-
3018
summary
- #3008
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2010/04/23
Council Meeting
-
3008
summary
The Council held a public debate on the state of play regarding the initiative for a directive on a European protection order on the basis of two current working documents: 8703/10 and 8703/10 ADD 1.The aim of the directive is to facilitate and enhance the protection granted to victims of crime, or possible victims of crime, who move between EU Member States.A majority of Member States spoke out in favour of the Spanish presidency approach and supported the most recent compromise texts. The goal of the presidency is to continue work in the Council preparatory bodies with a view to reach a political agreement in June and to forward the agreed text to the European Parliament. In the meantime, informal contacts with the Parliament will continue in view of the high political importance of the file. Among the outstanding issues discussed is the question of scope. The presidency proposal supported by most Member States considers that it is necessary to work on a text allowing European protection orders to be issued and executed in all Member States, in accordance with their national law. European protection orders should be issued by any judicial or equivalent authority, independent of the legal nature of such authority (criminal, civil or administrative). It proposes a three-step approach: the issuing state makes a request for an European protection order,the receiving state recognises the European protection order,the receiving state executes the order by taking a decision under its national law in order to continue the protection of the person concerned. The proposal for a European protection order is based on a joint initiative of twelve EU member states. Once adopted, the directive will specify measures that allow the executing state to continue the protection of a person. These measures would include obligations or prohibitions imposed on the person causing danger. The focus of the initiative is on crimes which may endanger the victims' life, physical, psychological and sexual integrity, as well as their personal liberty. The ultimate goal is to avoid new acts of crime and to reduce the consequences of previous acts of crime.
-
3008
summary
- #2998
- 2010/02/25 Council Meeting
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2010/02/08
Committee referral announced in Parliament, 1st reading/single reading
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2010/01/22
Legislative proposal published
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00002/2010
summary
PURPOSE: to lay down rules regarding the European Protection Order and in particular to ensure that the protection provided to a person in one Member State is continued in any other Member State to which the person moves.PROPOSED ACT: Initiative of Belgium, Bulgaria, Estonia, Spain, France, Italy, Hungary, Poland, Portugal, Romania, Finland and Sweden for a directive of the European Parliament and of the Council. BACKGROUND: Article 82(1) of the Treaty on the Functioning of the European Union) provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions. According to the Stockholm programme, adopted by the European Council at its meeting in December 2009, mutual recognition could extend to all types of judgments and decisions of a judicial nature, which may, depending on the legal system, be either criminal or administrative. The programme also underlines that victims of crime can be offered special protection measures which should be effective within the Union. The resolution of the European Parliament of 2 February 2006 on the current situation in combating violence against women and any future actions recommends that Member States formulate a zero-tolerance policy as regards all forms of violence against women and calls on Member States to take appropriate measures to ensure better protection of and support to actual and potential victims. In a common area of justice without internal borders, it is necessary to ensure that the protection provided to a person in one Member State is continued in any other Member State to which the person moves.IMPACT ASSESSMENT: various policy options have been examined: · Option A: No new action to be taken in the European Union.· Option B: Non-legislative measures, whose basic aim would be to establish a mechanism for exchanging information and good practices.· Option C: Legislative proposals to amend Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, and Council Framework Decision 2009/829/JHA on the application between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. Amended versions of those Framework Decisions could incorporate a protection mechanism for those cases where it is the victim who moves to a State other than the one which adopted the measure.· Option D: Legislative proposal comprising a single text covering all scenarios relating to the extension of victim protection.In the light of the impact assessment, the repercussions for fundamental rights and the need to have an effective victim protection instrument at European level, options C and D offer the best ways to deal with the issue and could meet the objectives identified in full. The preferred option would be option D in the light of the legislative consequences of existing instruments, the need for clarity when applying new legislative texts and the usefulness of having a legislative text specifically designed to deal with victim protection across borders.CONTENT : this Directive sets out rules whereby the protection stemming from a protection measure adopted according to the law of one Member State ("the issuing State") can be extended to another Member State to which the protected person moves ("the executing State"), regardless of the type or duration of the obligations or prohibitions contained in the protection measure concerned.The main elements of the proposal are as follows:"European protection order" is defined as a judicial decision relating to a protection measure issued by a Member State and aiming 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.Scope of the European protection order: a European protection order may be issued at any moment when the protected person intends to leave or has left the issuing State for another Member State. It shall only be issued when a protection measure has been previously adopted in the issuing State, imposing on the person causing danger one or more of the following obligations or prohibitions:· an obligation not to enter certain localities, places or defined areas where the protected person resides or that he visits; · an obligation to remain in a specified place, where applicable during specified times; · an obligation containing limitations on leaving the territory of the issuing State; · an obligation to avoid contact with the protected person; or · a prohibition on approaching the protected person closer than a prescribed distance. Obligation to recognise the European protection order: Member States must recognise any European protection order in accordance with the provisions of the Directive. The latter shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the TEU.Designation of competent authorities: each Member State must inform the Council which judicial authority or authorities are competent under its national law to issue a European protection order and to recognise such an order, when that Member State is the issuing State or the executing State. Member States may designate non-judicial authorities as the competent authorities for taking decisions under the Directive, provided that such authorities have the competence to take decisions of a similar nature under their national law and procedures.Issue of a European protection order: on the basis of a protection measure adopted in the issuing State, a judicial authority of that State, or another competent authority as above, shall, only at the request of the protected person, issue a European protection order, after verifying that the protection measure meets all the requirements set out in the text. The protected person or his legal representative may submit a request for the issuance of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. 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 to issue the order.Form and content: the European protection order will be in accordance with the form set out in Annex I to the Directive. The information it must contain is prescribed in the text and includes the identity and nationality of the protected person, a summary of the facts and circumstances which have led to the imposition of the protection measure in the issuing State, and the identity and nationality of the person causing a danger. Transmission procedure: the text states that where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity.Measures in the executing State: the proposal describes the series of actions that must be taken in the executing State, including informing the person causing danger, where appropriate, of any measure taken in the executing State. Grounds for non-recognition of a European protection order: these include the following:the European protection order is not complete or has not been completed within the time-limit set by the competent authority of the executing State; the requirements set out in Article 2 on scope have not been met; the protection derives from the execution of a penalty or measure that is covered by amnesty according to the law of the executing State and relates to an act which falls within its competence according to that law; there is immunity conferred under the law of the executing State on the person causing danger, which makes it impossible to adopt the protection measures; Subsequent decisions in the issuing State: the issuing State will have jurisdiction to take all subsequent decisions relating to the protection measure underlying a European protection order, notably the renewal, review and withdrawal of the protection measure, and the initiation of new criminal proceedings against the person causing the danger.Grounds for revoking the recognition of a European protection order: this may happen where there is evidence that the protected person has definitively left the territory of the executing State.Governing law: decisions made by the competent authority of the executing State shall be governed by its national law.Languages: the European protection order shall be translated into the official language or one of the official languages of the executing State.Costs: costs resulting from the application of the Directive shall be borne by the executing State, except for costs arising exclusively within the territory of the issuing State.FINANCIAL IMPLICATIONS: this proposal for a Directive will not impose any major additional expenditure on Member States' budgets or, as already stated, on the European Union budget. In the long term, the costs which it may involve, relating mainly to the translation of the European Protection Order, will in many instances represent savings by preventing the commission of new offences against the victim, that being the primary objective of this proposal.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, REDING Viviane
-
00002/2010
summary
Documents
- Legislative proposal published: 00002/2010
- Debate in Council: 2998
- Debate in Council: 3008
- Debate in Council: 3018
- Debate in Council: 3034
- Committee report tabled for plenary, 1st reading/single reading: A7-0354/2010
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0470/2010
- Council position published: 15571/1/2011
- Committee recommendation tabled for plenary, 2nd reading: A7-0435/2011
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T7-0560/2011
- : Directive 2011/99
- : OJ L 338 21.12.2011, p. 0002
| Amendments | Dossier |
| 143 |
2010/0802(COD)
2010/07/19
LIBE, FEMM, LIBE, FEMM
142 amendments...
Amendment 100 #
Draft directive Recital 6 a (new) (6a) This Directive applies to protection measures which aim at protecting a person against an act or behaviour of another person which may, in any way, endanger his life, physical or psychological integrity and dignity, personal liberty or sexual integrity, for example by preventing any form of harassment, as well as his or her personal liberty, for example by preventing abductions, stalking and other forms of indirect coercion and aiming at avoiding new criminal acts or at reducing the consequences of previous criminal acts. It is important to underline that this Directive applies to protection measures which aim at protecting all victims and not only the victims of gender violence. This Directive is intended to apply to protection measures issued in favour of victims, or possible victims, of crimes. There are different types of violence affecting women in the Member States which can vary according to cultural tradition, ethnic origin, mentality and social background.
Amendment 101 #
Draft directive Recital 6 a (new) (6a) This Directive applies to protection measures which aim at protecting a person against an act or behaviour of another person which may, in any way, endanger his life, physical or psychological integrity and dignity or sexual integrity, for example by preventing any form of harassment, as well as his personal liberty, for example by preventing abductions, stalking and other forms of indirect coercion and aiming at avoiding new criminal acts or at reducing the consequences of previous criminal acts. It is important to underline that this Directive applies to protection measures which aim at protecting all victims and not only the victims of gender violence. This Directive is intended to apply to protection measures issued in favour of victims of crimes or individuals identified and designated by judicial or equivalent authorities as potential victims of future crimes or other harmful acts committed against them by a known person or known persons causing danger.
Amendment 102 #
Draft directive Recital 6 b (new) (6b) Member States should also facilitate the issuance of a European protection order to protect the family members, living together with the victim, who already has a European protection order.
Amendment 103 #
Draft directive 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 104 #
Draft directive Recital 7 a (new) (7a) In applying this Directive it should be recalled that public authorities are under an obligation to ensure that citizens have the fundamental rights that the European protection order seeks to guarantee, that the parties concerned should not be burdened with additional financial costs, the procedures involved should be made as simple as possible and the extent to which the measures affect both the persons at risk and the persons causing the danger should be transparent.
Amendment 105 #
Draft directive Recital 8 (8) This Directive should be applied and enforced in such a way that the protected person receives the same or equivalent protection in the executing State as he would have received if the protection measure had been issued in that State ab initio, thus avoiding any discrimination. Member States should take the necessary measures in order to ensure that no financial costs are imposed on the protected person when he or she requests the issuing of a European protection order.
Amendment 106 #
Draft directive Recital 8 (8) This Directive should be applied and enforced in such a way that the protected person receives the same or equivalent protection in the executing State as he would have received if the protection measure had been issued in that State ab initio, thus avoiding any discrimination. In doing so, the competent authority in the executing State will, in accordance with its national law, adopt any appropriate measure which effectively provides for the continued protection of the protected person in the executing State. The financial costs relating to the issuing of the European protection order should not be imposed on the protected person.
Amendment 107 #
Draft directive Recital 8 a (new) (8a) Taking into consideration the different judicial systems in the Member States, it seems appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Following receipt of a European protection order, the executing State, while under a general obligation to act, should be allowed to give effect to this order in the way which is most appropriate in the light of its own legal system.
Amendment 108 #
Draft directive Recital 8 a (new) (8a) Taking into consideration the different judicial systems in the Member States, it seems appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this directive. Following receipt of a European protection order, the executing State, while under a general obligation to act, should be allowed to give effect to this in the way which is most appropriate in the light of its own legal system, and to take any corresponding measures guaranteeing the same level of protection under its national law in a similar case in order to ensure the protection of the protected person. This may mean that the measure adopted in the executing State is conceptually and legally independent of the original protection measure taken by the issuing State and underlying the European protection order.
Amendment 109 #
Draft directive Recital 8 a (new) (8a) Legal remedies should also be considered for protected persons whose European protection order or request thereof has been refused by the issuing State or an executing State or who has de facto been denied sufficient protection in the executing State due to insufficient action taken by the executing State in response to the European protection order.
Amendment 110 #
Draft directive Recital 8 b (new) (8b) When implementing this Directive, Member States should consider putting in place procedures allowing for the protected person and the person causing danger to be heard, if needed, before recognising and enforcing a European protection order, as well as legal remedies against decisions to recognise and enforce a European protection order.
Amendment 111 #
Draft directive Recital 8 b (new) (8b) The competent authority of the executing State should inform the person causing danger, the competent authority of the issuing State and the protected person of any measure taken on the basis of the European protection order. In the notification to the person causing danger due regard should be paid to the interest of the protected person in not having his/her address or other contact details disclosed. Such details should be excluded from the notification, provided that the address or other contact details are not included already in the obligation or prohibition imposed as an enforcement measure on the person causing danger.
Amendment 112 #
Draft directive Recital 8 b (new) (8b) In order to ensure the smooth application of this Directive in each particular case, the competent authorities of the issuing and the executing States should exercise their competencies in conformity with the provisions of this Directive, taking into account the principle of ne bis in idem.
Amendment 113 #
Draft directive Recital 10 (10) Where appropriate, it should be possible to use electronic means with a view to putting into practice the measures adopted in application of this Directive, in accordance with national laws and procedures. This should not pave the way for the creation of a database of all protected persons in the European Union, as this would render them even more vulnerable in light of cyber criminality.
Amendment 114 #
Draft directive Recital 10 (10) Where appropriate,
Amendment 115 #
Draft directive Recital 10 a (new) (10a) Member States should pay particular attention to cases where children are concerned and should take the necessary measures in order to ensure that they will be provided with assistance, support and protection, in cooperation with the appropriate national child protection associations taking into account the best interests of the child.
Amendment 116 #
Draft directive Recital 10 b (new) (10b) Member States should pay particular attention to cases where mentally and physically disabled persons are concerned and should take in account the necessary assistance, medical and psychological help as provided by the Member States.
Amendment 117 #
Draft directive Recital 10 c (new) (10c) As terrorist acts are usually perpetrated on an international scale by unidentified aggressors, easily attract media attention and instil a common fear in society, Member States should pay particular attention to victims of terrorism.
Amendment 118 #
Draft directive Recital 12 a (new) Amendment 119 #
Draft directive Article - 1 new Amendment 120 #
Draft directive Article - 1 (new) Amendment 121 #
Draft directive Article - 1 (new) Amendment 122 #
Draft directive Article - 1 (new) Amendment 123 #
Draft directive Article - 1 (new) Amendment 124 #
Draft directive Article - 1 (new) Amendment 125 #
Draft directive Article 1 – paragraph 1 Amendment 126 #
Draft directive Article 1 – paragraph 1 1) “European protection order” means a
Amendment 127 #
Draft directive Article 1 – paragraph 1 1) “European protection order” means a judicial decision relating to a protection measure issued by a Member State
Amendment 128 #
Draft directive Article 1 – paragraph 1 1. "European protection order" means a judicial decision relating to a protection measure issued by a Member State and aiming 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, dignity or sexual integrity of a person.
Amendment 129 #
Draft directive Article 1 – paragraph 2 2) “Protection measure” means a decision adopted
Amendment 130 #
Draft directive Article 1 – paragraph 2 Amendment 131 #
Draft directive Article 1 – paragraph 2 2) "Protection measure" means a decision adopted
Amendment 132 #
Draft directive Article 1 – paragraph 2 2)
Amendment 133 #
Draft directive Article 1 – point 2 2. "Protection measure" means a decision adopted by a competent authority of a Member State
Amendment 134 #
Draft directive Article 1 – paragraph 4 4. "Person causing danger" means the natural person on whom one or more of the
Amendment 135 #
Draft directive Article 2 – paragraph 2 – point a (a) a
Amendment 136 #
Draft directive Article 2 – paragraph 2 – point a (a) a
Amendment 137 #
Draft directive Article 2 – paragraph 2 – point d (d)
Amendment 138 #
Draft directive Article 2 – paragraph 2 – point d (d) a
Amendment 139 #
Draft directive Article 2 – paragraph 2 – point d (d) a
Amendment 140 #
Draft directive Article 2 – paragraph 2 – point d (d) a
Amendment 141 #
Draft directive Article 2 – paragraph 2 – point e a (new) Amendment 142 #
Draft directive Article 2 – paragraph 2 – point e a (new) (ea) any equivalent, specified obligation or prohibition imposed on a person causing danger in order to protect the safety of a particular protected person against possible actions of the said person causing danger.
Amendment 143 #
Draft directive Article 4 – paragraph 1 1. Each Member State shall, on adoption of this Directive, inform the General Secretariat of the Council and the Commission which judicial authority or authorities are competent under its national law to issue a European protection order and to recognise such an order, in accordance with this Directive
Amendment 144 #
Draft directive Article 4 – paragraph 1 1. Each Member State shall inform the General Secretariat of the Council and the Commission which judicial authority or equivalent authorities are competent under its national law to issue a European protection order and to recognise such an order, in accordance with this Directive, when that Member State is the issuing State or the executing State.
Amendment 145 #
Draft directive Article 4 – paragraph 2 Amendment 146 #
Draft directive Article 4 – paragraph 2 a (new) 2a. Member States choosing to designate a non-judicial authority, shall immediately, inform the Council and the Commission of said decision and provide those institutions with a comprehensive evaluation report on the competencies of the respective non-judicial authority so that its judicial capacities to implement the requirements of this Directive can be established.
Amendment 147 #
Draft directive Article 4 – paragraph 3 a (new) 3a. A European register of victims should be established, to augment the protection offered, to which only the Member States’ judicial authorities, Eurojust and Europol shall be allowed access. The data and information collected and held in this register will help better protect victims and will be useful in developing prevention work. The Commission shall furnish the data and information referred to in this article on receipt of a duly justified request from the competent authorities in the Member States.
Amendment 148 #
Draft directive Article 4 a (new) Article 4a European register of protection orders, protected persons and persons causing danger 1. The competent authorities in the Member States shall, via bodies such as Eurojust or Europol, establish European judicial and law-enforcement databases for the sole purpose of ensuring said authorities have available tools to achieve the objectives of this directive. These registers shall be subject to national and EU legislation on data protection and shall be equipped with the maximum degree of security and privacy protection. 2. A register of European protection orders shall be established which shall state, as a minimum, the name and place of residence of protected persons, the name of the State issuing, executing and overseeing the order, details of the protection measures involved and the names of the persons immediately responsible for enforcement of these measures. 3. A register of persons causing danger shall be established which shall give the name and place of residence of said persons, details of the restrictions they must observe and the legal decisions concerning them. 4. The competent authorities designated by each Member State shall establish a procedure whereby information is passed on promptly each time a new case is entered in these registers and the protected persons, the persons causing danger, and the judicial, law-enforcement and administrative services responsible for implementing the protection measures in the executing State are notified at once. 5. Notification shall be sent to the protected persons and to the persons causing danger in order that both parties may be informed of the full extent of the protection measures and restrictions affecting them, that they may exercise their right to appeal, their right to be heard or any other right that may apply to their situation, and in accordance with legislation on data protection.
Amendment 149 #
Draft directive Article 5 – paragraph 1 1. On the basis of a protection measure adopted in the issuing State, a
Amendment 150 #
Draft directive Article 5 – paragraph 1 1. On the basis of a protection measure adopted in the issuing State, a judicial authority of that State, or another competent authority referred to in Article 4(2), shall, only at the request of the protected person, or his or her legal representative, guardian or tutor, regardless of whether the protected person has already moved to that Member State or not, issue a European protection order, after verifying that the protection measure meets all the requirements set out in Article
Amendment 151 #
Draft directive Article 5 – paragraph 1 a (new) 1a. Provided the requirements set out in Article 2(2) have been met, the competent authority may refuse to issue a European protection order only if the request is obviously and without doubt groundless and therefore plainly unwarranted for the safeguard of the protected person when taking into account, inter alia, the length of period or periods of time for which the protected person envisages staying in the executing State and the seriousness of the need for protection.
Amendment 152 #
Draft directive Article 5 – paragraph 1 b (new) 1b. A competent authority which refuses to issue a European protection order must immediately and ex officio provide the protected person or his legal representative, guardian or tutor clear and comprehensible instructions on how to seek a legal remedy or appeal in order to challenge the refusal.
Amendment 153 #
Draft directive Article 5 – paragraph 2 2. The protected person or his or her legal representative, guardian or tutor may submit a request for the issuance of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. If such a request is submitted in the executing State, its competent authority shall transfer this request
Amendment 154 #
Draft directive Article 5 – paragraph 2 2. The protected person or his or her legal representative, guardian or tutor may submit a request for the issuance of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. 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.
Amendment 155 #
Draft directive Article 5 – paragraph 2– subparagraph 1 2. The protected person or his or her legal representative or guardian may submit a request for the issuance of a European protection order either to the competent authority of the issuing State or the competent authority of the executing State.
Amendment 156 #
Draft directive 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 157 #
Draft directive Article 5 – paragraph 2 a (new) 2a. Before a European protection order is issued the person causing danger shall be given the right to be heard and the right to challenge the protection measure where he was not given these rights in the procedure leading to the adoption of the protection measure.
Amendment 158 #
Draft directive Article 5 – paragraph 3 3. The authority which adopts a protection measure containing one or more of the obligations referred to in Article 2(2) shall inform the protected person
Amendment 159 #
Draft directive Article 5 – paragraph 3 3.
Amendment 160 #
Draft directive Article 5 – paragraph 3 3. The authority which adopts a protection measure containing one or more of the obligations referred to in Article 2(2) shall inform the protected person
Amendment 161 #
Draft directive Article 5 – paragraph 3 (becomes article 5 - paragraph 1) Amendment 162 #
Draft directive Article 5 – paragraph 3 a (new) 3a. Before a European protection order is issued, the person causing danger shall be given the right to be heard and the right to challenge the protection measure, if he has not had these rights in the procedure leading to the adoption of the protection measure.
Amendment 163 #
Draft directive Article 6 – point b (b) the use of any techn
Amendment 164 #
Draft directive Article 6 – point c a (new) ca) the name, address, telephone and fax numbers, and e-mail address of the competent authority or authorities of the executing State;
Amendment 165 #
Draft directive Article 6 – point c a (new) (ca) where applicable, the name, address, telephone and fax number, and e-mail address of the competent authority or authorities of any other executing State or States where protective measures have previously been taken on the grounds of European protection orders based on the same underlying protective measure, or to which the European protection order is being simultaneously issued.
Amendment 166 #
Draft directive Article 6 – point d (d) the identification
Amendment 167 #
Draft directive Article 6 – point f (f) the obligations or prohibitions imposed in the protection measure underlying the European protection order on the person causing danger, their length and the
Amendment 168 #
Draft directive Article 6 – point h a (new) (ha) the address, email, telephone or any other contact details of the person causing danger;
Amendment 169 #
Draft directive Article 6 - point i a (new) (ia) both the issuing state and executing state, where appropriate, with full respect for freedom of expression, shall encourage the media and journalists to adopt self -regulatory measures to ensure the protection of the private and family life of victims in the framework of information activities.
Amendment 170 #
Draft directive Article 7 – paragraph 1 1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity. This would best be achieved through notification that the order and the persons affected by it have been entered in the databases referred to in Article 4a.
Amendment 171 #
Draft directive Article 7 – paragraph 1 1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity. All communication shall also be made directly between the said competent authorities.
Amendment 172 #
Draft directive Article 7 – paragraph 1 1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity. All formal communications must also be conducted directly between the said competent authorities.
Amendment 173 #
Draft directive Article 7 - Paragraph 1a (new) (1a) Necessary measures, such as the possibility of requesting information in the executing state in the language spoken by the victim, need to be taken into account in order to reduce communication difficulties with the victim as regards the understanding of the protection measures by the victim,
Amendment 174 #
Draft directive Article 7 – paragraph 2 2. If the competent authority of either the executing State or the issuing State or States is not known to the competent authority of the other State, the latter authority shall make all the relevant enquiries
Amendment 175 #
Draft directive Article 7 – paragraph 3 3. When an authority of the executing State which receives a European protection order has no competence to recognise it, that authority shall, ex officio, forward the European protection order to the competent authority and shall immediately inform the competent authority of the issuing State accordingly, by any means which leaves a written record.
Amendment 176 #
Draft directive Article 8 – paragraph 1 – point a (a) upon receipt of a European protection order transmitted in accordance with Article 7, recognise that order
Amendment 177 #
Draft directive Article 8 – paragraph 1 – point a (a) upon receipt of a European protection order transmitted in accordance with Article 7, recognise that order
Amendment 178 #
Draft directive Article 8 – paragraph 1 – point a a (new) (aa) inform the competent authority in the issuing State about the time-limits set by the competent authority in the executing state to complete the European protection order in order to avoid the non- recognition of a European protection order.
Amendment 179 #
Draft directive Article 8 – paragraph 1 – point b (b) inform the person causing danger, where appropriate, of any measure taken in the executing State, avoiding the disclosure of any information exposing the protected person, such as his or her address or other contact details, provided that such information is not comprised in the obligations or prohibitions imposed as an enforcement measure on the person causing danger;
Amendment 180 #
Draft directive Article 8 – paragraph 1 – point b a (new) (ba) inform the person causing danger, the competent authority of the issuing State and the protected person of any measures taken in accordance with point (a), avoiding, where appropriate, disclosing the address or other contact details concerning the protected person which might expose him to danger;
Amendment 181 #
Draft directive Article 8 – paragraph 1 – point b a (new) (ba) in case the competent authority of the executing State invokes any of the circumstances for non-recognition described in Article 9, the respective decision shall be immediately communicated to the issuing State and to the protected person or his or her legal representative or tutor, along with a comprehensive explanation of the motives for invoking non-recognition;
Amendment 182 #
Draft directive Article 8 – paragraph 1 – point b a (new) (ba) the competent authority in the executing State shall, without delay, inform the protected person when, according to its national law, the maximum term of duration of the measures adopted in the execution of the European protection order has expired;
Amendment 183 #
Draft directive Article 8 – paragraph 1 – point b b (new) (bb) immediately inform the competent authority of the issuing State by any means which leaves a written record and set a deadline for it to provide the missing information, if it considers that the information transmitted with the European protection order in accordance with Article 6 is incomplete;
Amendment 184 #
Draft directive Article 8 - paragraph 1 - point bb (new) (bb) the competent authority in the executing State shall, without delay, inform the protected person when, according to its national law, the maximum term of duration of the measures adopted in the execution of the European protection order has expired;
Amendment 185 #
Draft directive Article 8 – paragraph 1 – letter d a (new) da) take all necessary measures to ensure that execution of the European protection order also covers the protected person’s entire family.
Amendment 186 #
Draft directive Article 8 – paragraph 2 Amendment 187 #
Draft directive Article 8 – paragraph 2 2. The competent authority of the executing State shall inform immediately the person causing danger, the competent authority of the issuing State and the protected person about the measures adopted in accordance with this
Amendment 188 #
Draft directive 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, where appropriate, disclosing the address or other contact details concerning the protected person.
Amendment 189 #
Draft directive 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
Amendment 190 #
Draft directive Article 8 a (new) Amendment 191 #
Draft directive Article 8 a (new) Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate measures to prevent violence against persons 2. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, including preventive and warning measures towards the person causing danger, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 3. Member States shall promote regular training for the judicial authorities and other competent authorities likely to come into contact with victims and potential victims, aimed at enabling them to offer adequate assistance.
Amendment 192 #
Draft directive Article 8 a (new) Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate actions such as information and awareness-raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 2. Member States shall promote regular training for members of the judiciary and other competent authorities likely to come into contact with victims, aimed at enabling them to offer adequate assistance.
Amendment 193 #
Draft directive Article 8 a (new) Amendment 194 #
Draft directive Article 9 – paragraph 1 1. Grounds shall be given for any refusal to recognise a European protection order. The protected person must be heard before recognition is refused.
Amendment 195 #
Draft directive Article 9 – paragraph 2 – a (a) the European protection order is
Amendment 196 #
Draft directive Article 9 – paragraph 2 – point a (a) the European protection order is not complete
Amendment 197 #
Draft directive Article 9 – paragraph 2 – point d a (new) (da) the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State;
Amendment 198 #
Draft directive Article 9 – paragraph 2 – point d b (new) (db) the national law of the executing State makes no provision for protection measures to be taken in the context of criminal proceedings;
Amendment 199 #
Draft directive Article 9 – paragraph 2 – point d c (new) (dc) criminal prosecution against the person causing danger for the act or behaviour in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or behaviour falls within its competence under its national law;
Amendment 200 #
Draft directive Article 9 – paragraph 2 – point d d (new) (dd) the protection measure relates to a criminal offence which under the law of the executing State is regarded as having been committed wholly or for an essential part within its territory.
Amendment 201 #
Draft directive Article 9 –paragraph 3 a (new) 3a. Where the competent authority of the executing State refuses to recognise a European protection order on one of the grounds referred to in paragraph 2, points (a) and (b), it shall immediately and ex officio provide the authorities of the issuing State as well as the protected person or his legal representative, guardian or tutor with clear and comprehensible instructions on how to seek a legal remedy or appeal in order to challenge the refusal and, where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure in accordance with the national law of the executing State.
Amendment 202 #
Draft directive Article 9 – paragraph 3 a (new) 3a. Where the competent authority of the executing State refuses to recognise a European protection order in application of one of the grounds set out in paragraph 2, it shall, where appropriate, inform the protected person about the possibility of requesting the adoption of a criminal or civil-law protection measure according to its national law.
Amendment 203 #
Draft directive Article 9 a (new) Article 9a Request for review The victim whose request for a European protection order has been denied, shall have the possibility to ask for a review.
Amendment 204 #
Draft directive Article 9 a (new) Amendment 205 #
Draft directive Article 10 – paragraph 1 – point a (a) the renewal, review, modification, revocation and withdrawal of the protection measure underlying the European protection order and, consequently, of the European protection order;
Amendment 206 #
Draft directive Article 10 – paragraph 1 a (new) (1a) If the victim leaves the executing state and returns to the issuing State, the issuing State shall continue to provide the victim with the protection measures that were initially imposed by that State.
Amendment 207 #
Draft directive Article 10 – paragraph 3 3. Where a judgment, as defined in Article 2 of Council Framework Decision 2008/947/JHA, or a decision on supervision measures, as defined in Article 4 of Council Framework Decision 2009/829/JHA, has already been transferred, or is transferred after the issuing of the European protection order, to another Member State, subsequent decisions shall be taken in accordance with the relevant provisions of those Framework Decisions.
Amendment 208 #
Draft directive Article 10 – paragraph 3 a (new) 3a. The competent authority of the issuing State shall immediately inform the competent authority of the executing State of any decision taken in accordance with paragraph 1.
Amendment 209 #
Draft directive Article 10 – paragraph 3 b (new) 3b. If the competent authority in the issuing State has revoked or withdrawn the European protection order in accordance with paragraph 1(a), the competent authority in the executing State shall end the measures adopted in accordance with Article 8(1) as soon as it has been duly notified by the competent authority of the issuing State.
Amendment 210 #
Draft directive 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 211 #
Draft directive 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, where appropriate: (a) change the measures taken on the basis of the European protection order, acting in accordance with Article 8; or (b) refuse to enforce the modified obligation or prohibition when it does not fall within the obligations or prohibitions referred to in Article 2 or if the information transmitted with the European protection order in accordance with Article 7 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 1. The competent authority of the executing State may
Amendment 213 #
Draft directive Article 11 Amendment 214 #
Draft directive Article 11 a (new) Article 11a Grounds for discontinuation of measures taken on the basis of a European protection order 1. The competent authority of the executing State may discontinue the measures taken in execution of a European protection order: (a) where there is sufficient indication that the protected person does not reside or stay in the territory of the executing State, or has definitively left that territory; (b) when, according to its national law, the maximum term of duration of the measures adopted in execution of the European protection order has expired; (c) in the case referred to in Article 10(3c)(b); (d) where a judgment, as defined in Article 2 of Council Framework Decision 2008/947/JHA, or a decision on supervision measures, as defined in Article 4 of Council Framework Decision 2009/829/JHA, is transferred to the executing State after the recognition of the European protection order. 2. The competent authority of the executing State shall immediately inform the competent authority of the issuing State of such a decision. 3. Before discontinuing measures in accordance with paragraph 1(b) the competent authority of the executing State may invite the competent authority of the issuing State to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the particular case at hand. The competent authority of the issuing State shall reply to such a request immediately.
Amendment 215 #
Draft directive Article 12 – paragraph 1 1. The European protection order shall be
Amendment 216 #
Draft directive Article 12 – paragraph 1 1. The European protection order shall be recognised with
Amendment 217 #
Draft directive Article 12 – paragraph 1 1. The European protection order shall be
Amendment 218 #
Draft directive Article 12 – paragraph 1 1. The European protection order shall be
Amendment 219 #
Draft directive Article 12 – paragraph 1 1. The European protection order shall be recognised without delay with the exception of emergencies, travel or death.
Amendment 220 #
Draft directive Article 12 – paragraph 2 a (new) 2a. The competent authorities shall inform the persons concerned, on the same day as the decision is taken, whether the European protection order has been recognised or refused.
Amendment 221 #
Draft directive Article 13 Amendment 222 #
Draft directive Article 14 – paragraph 2 a (new) 2a. The competent authorities shall exchange data to compile European statistics that will, as a minimum, include information on the number of orders issued, recognised and refused, the grounds for refusal, the type of protection measures adopted, the number of persons causing danger and the impact of this Directive on crime prevention and the prevalence of offences that protection orders are designed to prevent, especially sexual offences and cases of violence against women. The European Institute for Gender Equality shall be responsible for compiling these statistics and the corresponding indicators and shall also prepare, within two years of this Directive entering into force, a comparative study on the legal status of protection measures in the Member States.
Amendment 223 #
Draft directive Article 14 – paragraph 2 b (new) 2b. The Member States and the Commission shall work together to run a Europe-wide education and publicity campaign about the European protection order and its scope. The campaign will target in the first instance the judiciary, legal practitioners, law-enforcement authorities and, in general, all those public services, the social services in particular, that come up against the problems that protection orders are designed to prevent. Awareness-raising campaigns targeting the general public shall also be run.
Amendment 224 #
Draft directive Article 16 – paragraph 1 The European protection order shall be translated into the official language o
Amendment 225 #
Draft directive Article 16 – paragraph 1 1. The European protection order shall be translated into the official languages o
Amendment 226 #
Draft directive Article 16 – paragraph 1 1. The European protection order shall be translated by the competent authority of the issuing State into the official language or one of the official languages of the executing State.
Amendment 227 #
Draft directive Article 16 – paragraph 2 a (new) (2a) In the event that the protected person does not sufficiently understand the official language or languages of the issuing State or the executing State, relevant information and documentation provided to the protected person by the competent authorities of that State or those States must be translated into a language which he or she can properly understand.
Amendment 228 #
Draft directive Article 17 Costs resulting from the application of this Directive shall be borne by the executing State, except for costs arising exclusively
Amendment 229 #
Draft directive Article 18 – paragraph 3 a (new) 3a. The High Representative of the Union for Foreign Affairs and Security Policy shall present, within a period of three years from the date of entry into force of this Directive, a study into whether it would be legally possible for agreements to be signed with non-EU countries that would make the European protection order enforceable in said countries, setting out the priorities and strategies needed to achieve this.
Amendment 230 #
Draft directive Article 20 – paragraph 1 1.
Amendment 89 #
Draft directive Citation -1 having regard to the Treaty on European Union, and in particular Article 3(2) thereof,
Amendment 90 #
Draft directive Citation -1 (new) having regard to the Treaty on European Union, and in particular Article 3(2) thereof,
Amendment 91 #
Draft directive Citation - 1 (new) having regard to Article 3(2) of the Treaty on European Union which commits the Union to offering ‘its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to [...] the prevention and combating of crime’,
Amendment 92 #
Draft directive Recital 2 a (new) (2a) Article 3(2) of the Treaty on European Union provides that ‘The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime’.
Amendment 93 #
Draft directive Recital 4 (4) The resolution of the European
Amendment 94 #
Draft directive Recital 4 (4) The resolution of the European Parliament of 2
Amendment 95 #
Draft directive Recital 4 (4) The resolution of the European Parliament of 2 February 2006 on the current situation in combating violence against women and any future actions recommends that Member States formulate a zero-tolerance policy as regards all forms of violence against women and calls on Member States to take appropriate measures to ensure better protection of and support to actual and potential victims
Amendment 96 #
Draft directive Recital 4 a (new) (4a) In order to establish the causes of violence and enhance the protection of victims, it is necessary to have statistics and comparable data on violence at Union level. To this effect Member States should collect data related to the number of European protection orders requested, issued and enforced, data related to breaches of the protection measures adopted, as well as information on the types of crimes, for example domestic violence, forced marriages, female genital mutilation, honour-related violence, abuse of the elderly, stalking and harassment and other forms of gender- based violence. In addition, data on victims of terrorism and of organised crime should be included in the data collection and all data should be differentiated by gender and forwarded every year to the Commission and to the European Parliament.
Amendment 97 #
Draft directive Recital 4 a (new) (4a) In order to establish the causes of violence and enhance the protection of victims, it is necessary to have statistics and comparable data on violence at Union level. To this effect Member States should collect data on the number of European protection orders requested, issued and enforced, data on breaches of the protection measures adopted, as well as information on the types of crimes, for example domestic violence, forced marriages, female genital mutilation, honour related violence, stalking and harassment and other forms of gender- based violence. Data on victims of terrorism and of organised crime should also be collected and all data should be differentiated by gender and forwarded to Eurojust and the European Commission. The Commission should then use this data to draw up an annual report and present it to Parliament and the national parliaments.
Amendment 98 #
Draft directive Recital 4 a (new) (4a) One in four Europeans is the victim of an offence, 90 % of protection orders are issued in cases of gender-based violence and more than 100 000 women living in the EU are covered by protection orders.
Amendment 99 #
Draft directive Recital 6 a (new) (6a) This Directive should not be solely restricted to victims of gender violence but should also apply to all types of victims from the acts or behaviour of another person which may, in whatever way, endanger the victim's life, integrity, dignity or personal liberty. The measures undertaken in this Directive should also aim at preventing any form of harassment, abduction, stalking and any form of indirect coercion. They should also seek to prevent the commission of any new criminal acts and reduce the consequences and effects of any previous ones.
source: PE-445.751
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