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EUROPEAN
PARLIAMENT |
2009 - 2014 |
<Commission>{LIBE}Committtee on Civil Liberties,
Justice and Home Affairs</Commission>
<Commission>{FEMM}Committee on Women's Rights and
Gender Equality</Commission>
<RefProc>2010/0802</RefProc><RefTypeProc>(COD)</RefTypeProc>
<Date>{20/05/2010}20.5.2010</Date>
<RefProcLect>***I</RefProcLect>
<TitreType>DRAFT
REPORT</TitreType>
<Titre> on the initiative
for a directive of the European Parliament and of the Council on the European
Protection Order</Titre>
<DocRef>(00002/2010 –
C7‑0006/2010 – 2010/0802(COD))</DocRef>
<Commission>{LIBE}Committee on Civil Liberties, Justice and Home Affairs
</Commission><Commission>{FEMM}Committee on Women's Rights and Gender Equality</Commission>
Rapporteurs:
<Depute>Teresa Jiménez-Becerril Barrio,
Carmen Romero López</Depute>
(Rule 51 - Joint Committee meetings)
PR_COD_1am
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Symbols
for procedures |
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* Consultation
procedure *** Consent procedure ***I Ordinary legislative procedure
(first reading) ***II Ordinary
legislative procedure (second reading) ***III Ordinary
legislative procedure (third reading) (The
type of procedure depends on the legal basis proposed by the draft act.) |
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Amendments
to a draft act |
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In
amendments by Parliament, amendments to draft acts are highlighted in bold
italics.
Highlighting in normal italics alerts the relevant departments to parts of
the draft act which may require correction when the final text is prepared
– for instance, obvious errors or omissions in a language version.
Suggested corrections of this kind are subject to the agreement of the
departments concerned. The
heading for any amendment to an existing act which the draft act seeks to
amend includes a third and fourth line identifying respectively the existing
act and the provision in that act affected by the amendment. Passages in a
provision of an existing act that Parliament wishes to amend, but the draft
act has left unchanged, are highlighted in bold. Any deletions that Parliament
wishes to make in passages of this kind are indicated thus: [...]. |
CONTENTS
Page
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE
RESOLUTION................................ 5
EXPLANATORY
STATEMENT........................................................................................... 51
DRAFT EUROPEAN
PARLIAMENT LEGISLATIVE RESOLUTION
on the initiative for a directive of the
European Parliament and of the Council on the European Protection Order
(00002/2010 – C7‑0006/2010 –
2010/0802(COD))
(Ordinary legislative procedure: first
reading)
The European Parliament,
– having regard to the initiative of a group of
Member States (00002/2010),
– having regard to point (d) of the second
subparagraph of Article 82(1) and Article 289(4) of the Treaty on the
Functioning of the EU, pursuant to which the Council submitted the initiative
to Parliament (C7-0006/2010),
– having regard to Article 294(3) and (15) of the
Treaty on the Functioning of the EU,
– having regard to the contributions transmitted as
reasoned opinions to its President by national parliaments on whether the
initiative complies with the principle of subsidiarity,
– having regard to Rules 44 and 55 of its Rules of
Procedure,
– having regard to the report of the Committee on
Civil Liberties, Justice and Home Affairs and of the Committee on Women's
Rights and Gender Equality pursuant to Rule 51 of the Rules of Procedure (A7‑0000/2010),
1. Adopts
its position at first reading hereinafter set out;
2. Instructs
its President to forward its position to the Council, to the Commission as well
as to the governments and the parliaments of the Member States.
<RepeatBlock-Amend><Amend>Amendment <NumAm>1</NumAm>
<DocAmend>Draft
directive</DocAmend>
<Article>Citation
1</Article>
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Text of the initiative |
Amendment |
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Having regard to the Treaty on the Functioning of
the European Union, and in particular Article 82(1)(d) thereof, |
Having regard to the Treaty on the Functioning of
the European Union, and in particular Article 82(1)(a) and (d)
thereof, |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>2</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 3</Article>
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Text
of the initiative |
Amendment |
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(3) According to
the Stockholm programme, adopted by the European Council at its meeting on 10
and 11 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 points out that
victims of crime can be offered special protection measures which should be
effective within the Union. |
(3) According to
the Stockholm programme, adopted by the European Council at its meeting on 10
and 11 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 points
out that victims of crime can be offered special protection measures which
should be effective within the Union. The
following points of the Stockholm programme mentioned above, respectively
point 2.3.4 on the victims of criminality, point 3.1.1 as regards the
witnesses and point 3.4.1 on the simplification of access to justice in the
European Judicial Area, particularly in cross border proceedings should be
underlined. |
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In the Communication on the Action Plan
Implementing the Stockholm Programme (COM (2010)171 final) 1 it is
pointed out that the differences in guarantees provided to victims of crime
should be analysed and reduced with a view to increasing protection by all
means available and in this context it is proposed that a legislative
proposal on a comprehensive instrument on the protection of victims and an
action plan on practical measures including developing a European Protection
Order should be adopted.
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_____________ 1 Communication from the
Commission to the European Parliament, the Council, the European Economic and
Social Committee and the Committee of the Regions - Delivering an area of freedom, security and justice for
Europe's citizens - Action Plan Implementing the Stockholm Programme. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>3</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 4</Article>
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Text
of the initiative |
Amendment |
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(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. |
(4) The
resolution of the European Parliament of 26
November 2009 on the elimination of violence against women1 calls on the Member States to improve
their national laws and policies to combat all forms of violence against
women and to act in order to tackle the causes of violence against women, not
least by employing preventive measures and calls on the Union to guarantee
the right to assistance and support for all victims of violence. The resolution of the European Parliament of 10 February 2010 on equality between women and men in the
European Union – 20092 endorses the Spanish Presidency's proposals to introduce the
European protection order for victims and a common EU-wide telephone helpline
for victims. _________ 1
P7_TA(2009)0098 2 P7_TA (2010)0021 |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>4</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 4 a (new)</Article>
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Text
of the initiative |
Amendment |
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(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, stalking and harassment and other forms of gender
based violence. Also 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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>5</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 6 a (new)</Article>
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Text
of the initiative |
Amendment |
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(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 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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>6</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 6 b (new)</Article>
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Text
of the initiative |
Amendment |
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(6b) Member States should also take into
account the protection of victims who may encounter risks of forced
marriages, honour killings, female genital mutilations, paedophilia,
trafficking in human beings, organised crime and becoming victims
of terrorism. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>7</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 6 c (new)</Article>
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Text
of the initiative |
Amendment |
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(6c) For the application of this
Directive, a protection measure may have been imposed following a judgment,
as defined by Article 2 of Council 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 sanctions1 or following a decision on
supervision measures as defined in Article 4 of Council Framework Decision
2009/829/JHA of 23 October 2009 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.2. ____________________________ [1] OJ L 337, 16.12.2008, p. 102 2 OJ L 294,
11.11.2009, p. 20. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>8</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 7</Article>
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Text
of the initiative |
Amendment |
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(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. |
(7) In order to
prevent a 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. The recognition of the European
protection order by the executing State implies inter alia that the competent
authority of that State, subject to the limitations set out in this
Directive, automatically accepts the existence
and validity of the protection measure adopted in the issuing State,
acknowledges the factual situation described in the European protection
order, and agrees that protection should be provided and should continue to
be provided. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>9</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8</Article>
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Text
of the initiative |
Amendment |
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(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. |
(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 victim or potential victim
when he or she requests the issuing of a European protection order. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>10</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8 a (new)</Article>
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Text
of the initiative |
Amendment |
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(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. This may
imply that the measure adopted in the executing State is conceptually and
legally independent from the original protection measure taken by the issuing
State and underlying the European protection order. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>11</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8 b (new)</Article>
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Text
of the initiative |
Amendment |
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(8b) This Directive contains a closed
number of obligations or prohibitions which, when imposed in the issuing
State and contained in the European protection order, should be recognised
and enforced in the executing State, subject to the limitations set out in
this Directive. 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 discretion to adopt any measure which it finds adequate and
appropriate under its national law 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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>12</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8 c (new)</Article>
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Text
of the initiative |
Amendment |
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(8c) The obligations or prohibitions to
which this Directive applies include, among others, measures limiting the
freedom of movement of the person causing danger, if these are imposed in
order to safeguard the protected person, and measures aimed at limiting
personal or remote contacts between the protected person and the person
causing danger, for example, by imposing certain modalities with regard to
such contacts or imposing restrictions on the contents of communications. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>13</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8 d (new)</Article>
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Text
of the initiative |
Amendment |
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(8d) The competent authority of the
executing State should inform the person causing danger, the competent
authority of the issuing State and where appropriated the competent authority
or authorities of the other executing State or States 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 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 details are not
comprised in the obligation or prohibition imposed as an enforcement measure
on the person causing danger. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>14</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8 e (new)</Article>
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Text
of the initiative |
Amendment |
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(8e) When the competent authority in the
issuing State has withdrawn the European protection order, the competent
authority in the executing State should end the measures which it has adopted
in order to enforce the European protection order, it being understood that
the competent authority in the executing State may - autonomously, of its own
motion - adopt any protection measure under its national law in order to
protect the person concerned. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>15</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 8 f (new)</Article>
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Text
of the initiative |
Amendment |
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(8f) 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 before recognising
and enforcing a European protection order, as well as legal remedies against
decisions to recognise and enforce a European protection order. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>16</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 10 a (new)</Article>
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Text
of the initiative |
Amendment |
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(10a) 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 without delay
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, for
example, as an alternative to preventive detention or as a consequence of
conditional suspension of a penalty. It is understood that such a 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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>17</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 10 b (new)</Article>
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Text
of the initiative |
Amendment |
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(10b) 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, taking into account the best interests of the child. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>18</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 12 a (new)</Article>
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Text
of the initiative |
Amendment |
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(12a) This Directive, where it relates
to criminal matters, does not amend or replace mutual recognition instruments
in civil matters such as Council Regulation (EC) No 44/2001 on jurisdiction
and the recognition and enforcement of judgments in civil and commercial matters1. When a decision relating to a protection measure falls both
within the scope of this Directive and within the scope of Regulation (EC) No
44/2001, notably concerning compensation for damages, the recognition and
enforcement of such decision should be carried out in accordance with the
provisions of that Regulation. |
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1
OJ L 12, 16.1.2001, p. 1–23 |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>19</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 12 b (new)</Article>
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Text
of the initiative |
Amendment |
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(12b) Equally, regarding judicial decisions
adopted for the protection of minors, in cases of parental responsibility falling under the scope
of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the
recognition and enforcement of judgements in matrimonial matters and the matters
of parental responsibility1, the recognition and enforcement of such decisions should be
sought in accordance with that Regulation. |
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1 OJ L 338, 23.12.2003, p. 1 |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>20</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 12 c (new)</Article>
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Text
of the initiative |
Amendment |
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(12c) For the recognition and
enforcement of other decisions which aim at the protection of minors, falling
under the scope of the 1996 Hague Convention on Jurisdiction, Applicable Law,
Recognition, Enforcement and Cooperation in respect of Parental
Responsibility and Measures for the Protection of Children, this Convention
should apply. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>21</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 12 d (new)</Article>
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Text
of the initiative |
Amendment |
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(12d) Personal data processed when
implementing this Directive should be protected in accordance with Council
Framework Decision 2008/977/JHA of 27 November 2008 on the protection of
personal data processed in the framework of police and judicial cooperation
in criminal matters and in
accordance with the principles laid down in the Council of Europe Convention
of 28 January 1981 for the Protection of Individuals with regard to Automatic
Processing of Personal Data, which all Member States have ratified. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>22</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 12 e (new)</Article>
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Text
of the initiative |
Amendment |
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(12e)
This Directive should respect the fundamental rights and observe the
principles recognised in particular by the Charter of Fundamental Rights of
the European Union and by the European
Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, this
Directive should ensure full respect for these rights and principles and
should be implemented accordingly. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>23</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Recital 12 f (new)</Article>
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Text
of the initiative |
Amendment |
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(12f)In
the application of this Directive, Member States are encouraged to take into
account the rights and principles enshrined in the Convention on the
elimination of all forms of discrimination against women (CEDAW). |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>24</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article -1 (new)</Article>
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Text
of the initiative |
Amendment |
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Article
-1 |
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Objective |
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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, offensive or threatening behaviour of another person which
may endanger his life, physical or psychological integrity and dignity,
personal liberty or sexual integrity, 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,
following the commission of an act which has been or could have been the
object of proceedings by a court having jurisdiction in particular in
criminal matters. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>25</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 1 - paragraph 1</Article>
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Text
of the initiative |
Amendment |
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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 or sexual integrity of a person. |
1)"European
protection order" means a decision, taken by
a judicial or equivalent authority of a Member State in relation to a protection measure, on the basis of which a judicial or equivalent authority of
another Member State takes any appropriate measure under its own national law with a view to continue
the safeguard of the life, physical and psychological integrity and dignity,
freedom or sexual integrity of a person. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>26</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 1 - paragraph 2</Article>
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Text
of the initiative |
Amendment |
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2)"Protection
measure" means a decision adopted by a
competent authority of a Member State imposing on a person causing danger one or more of the obligations or
prohibitions referred to in Article 2(2), provided
that the infringement of such obligations or prohibitions constitutes a
criminal offence under the law of the Member State concerned or may otherwise
be punishable by a deprivation of liberty in that Member State. |
2)"Protection
measure" means a decision adopted in the issuing State in accordance with
its national law and procedures by which one or more of the
obligations or prohibitions, referred to in Article 2(2), are imposed on a person or
persons causing danger, to the benefit of a protected person with a view to
protecting the latter against a criminal act which may endanger his life,
physical or psychological integrity and dignity, personal liberty or sexual
integrity. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>27</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 1 - paragraph 3</Article>
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Text
of the initiative |
Amendment |
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3)
"Protected person" means the person whose life, physical and
psychological integrity, freedom, or sexual integrity are the object of the
protection stemming from a protection measure adopted by the issuing State. |
3)
"Protected person" means the natural person - man,
woman or child - whose life, physical and psychological integrity and dignity,
freedom, or sexual integrity are the object of the protection stemming from a
protection measure adopted by the issuing State. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>28</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 1 - paragraph 4</Article>
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Text
of the initiative |
Amendment |
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4)"Person
causing danger" means the person on whom one or more of the obligations
or prohibitions, referred to in Article 2(2), have been imposed. |
4)"Person
causing danger" means the natural person or
persons on whom one or more of the obligations or prohibitions, referred to
in Article 2(2), , have been imposed. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>29</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 1 - paragraph 6</Article>
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Text
of the initiative |
Amendment |
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6)"Executing
State" means the Member State to which a European protection order has
been forwarded with a view to its recognition. |
(6)"Executing
State or States" means the Member State or
the Member States to which a European protection order has been
forwarded with a view to its recognition. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>30</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 1 - paragraph 7 a (new)</Article>
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Text
of the initiative |
Amendment |
|
|
(7a) "Judicial
authority" means a judge, investigating magistrate or public prosecutor
or other judicial authority. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>31</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 2 - paragraph 1 - point a</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(a) an obligation
not to enter certain localities, places or defined areas where the protected
person resides or that he visits; |
(a) a prohibition to enter any localities, places or defined areas
where the protected person resides, works or that he or she visits; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>32</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 2 - paragraph 1 - point d</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(d) an obligation
to avoid contact with the protected person; or |
(d) 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. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>33</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 2 - paragraph 1 - point e</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(e) a prohibition
on approaching the protected person closer than a prescribed distance. |
(e) a prohibition or regulation on approaching the protected person
closer than a prescribed distance; or |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>34</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 2 - paragraph 1 - point e a (new)</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
(ea) any other obligations or
prohibition imposed to guarantee the protection of the victims. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>35</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 4 - paragraph 1</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
1. Each Member
State shall inform the General Secretariat of 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, in accordance with
this Directive, when that Member State is the issuing State or the executing
State. |
1. Each Member
State shall 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, when that
Member State is the issuing State or the executing State. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>36</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 4 - paragraph 2</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
2. By derogation from paragraph 1,
Member States may designate non-judicial authorities as the competent
authorities for taking decisions under this Directive, provided that such
authorities have the competence to take decisions of a similar nature under
their national law and procedures. |
deleted |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>37</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 4 - paragraph 3</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
3. The General Secretariat of the Council shall make the information received available to
all Member States and to the Commission. |
3. The Commission shall make the information received
available to all Member States. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>38</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 4 a (new) - paragraph 1</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
Article 4a |
|
|
Recourse to a central authority |
|
|
1. 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. |
|
|
2. 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. As a consequence, all
communications, consultations, exchanges of information, enquiries and
notifications between competent authorities may be dealt with, where
appropriate, with the assistance of the central authority(ies) of the Member
State concerned. |
|
|
3. Member States wishing to make use of
the possibilities referred to in this Article shall communicate to the
Commission information relating to the designated central authority or
central authorities. These indications shall be binding upon all the
authorities of the issuing State. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>39</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 5 - paragraph 1</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
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, issue a European protection
order, after verifying that the
protection measure meets all the requirements set out in Article 3(1). |
1. On the basis of a protection measure adopted in the issuing
State, a European protection order may be issued when a protected
person decides to reside or already resides in another Member State or States
or he or she decides to stay or already stays on the territory of another
Member State. A judicial or equivalent
authority of the issuing State may issue a
European protection order only at the request of the protected person
or of his or her legal representative, guardian or tutor and after verifying that the protection measure meets all the
requirements set out in Article 2(2). |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>40</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 5 - paragraph 2</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
2. 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. |
2. The protected
person, 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. When there are one or more executing States, the competent
authority of the state in which the request has been submitted informs the
competent authorities of the other executing State or States about the
request. |
|
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. |
|
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>41</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 5 - paragraph 3</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
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 about the possibility of requesting a
European protection order when he intends to move to another Member
State. The authority shall advise the protected person to submit the
application before leaving the territory of the issuing State. |
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 or his or her legal representative, guardian or tutor in any
appropriate way in accordance with procedures under its national law about the possibility of requesting a European
protection order when he or she decides to
reside or already resides in another Member State or he or she decides
to stay or already stays on the territory of another Member State. The authority shall advise the protected
person to submit the application before leaving the territory of the issuing
State, while informing the protected person about
the possibility to request for the issuance of the European protection order
in the executing State. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>42</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point a</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(a) the identity
and nationality of the protected person, as well as the identity and
nationality of the person's legal representative if the protected person is a
minor or is legally incapacitated; |
(a) the identity
and nationality of the protected person, as well as the identity and
nationality of the person's legal representative, guardian or tutor if the protected person is a minor or is legally incapacitated; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>43</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point a a new</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
(aa) 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; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>44</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point b</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(b) the use of
any technological instruments, if any, that
have been provided to the protected person to carry out the immediate
enforcement of the protection measure, where appropriate; |
(b) the use of
any technical device, if any, that have been provided to the
protected person to carry out the immediate enforcement of the protection
measure, where appropriate; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>45</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point c a (new)</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
(ca) the name, address, telephone and
fax numbers, and e-mail address of the competent authority or authorities of
the executing State or States; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>46</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point f</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(f) the
obligations or prohibitions imposed in the protection measure underlying the
European protection order on the person causing danger, their length and the express indication
that their infringement constitutes a criminal
offence under the law of the issuing State or may otherwise be punishable by
a deprivation of liberty; |
(f) the
obligations or prohibitions imposed in the protection measure underlying the
European protection order on the person causing danger, their length and the
indication of the penalty or sanction, if any, in case of the breach of
the respective obligation or prohibition; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>47</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point g</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
g) the identity
and nationality of the person causing danger, as well as his contact details; |
(g) the identity
and nationality of the person or persons causing danger,
as well as his contact details; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>48</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 6 - point i a (new)</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
(ia) If appropriate, the name and
contact details of the lawyers dealing with the file and, where appropriate,
the existence of the right of free legal assistance in the issuing State, in
order to ensure continuity of free legal assistance and an immediate action
in case of breach of the European protection order. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>49</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 7 - paragraph 1</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
Transmission
procedure |
Transmission
procedure |
|
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. |
1. Where the competent authority of the issuing State transmits
the European protection order to the competent authority of the executing
State or States, it shall do so by any
means which leaves a written record so as to allow the competent authority of
the executing State or States to
establish its authenticity. All
official communication shall also be made directly between the said competent
authorities. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>50</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 7 - paragraph 2</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
2. If the
competent authority of either the executing or the issuing State is not known
to the competent authority of the other State, the latter authority shall
make all the relevant enquiries, including via the contact points of the
European Judicial Network created by the Council Joint Action 98/428/JHA of
29 June 1998 on the creation of a European Judicial Network, the National
Member of Eurojust or the National System for the coordination of Eurojust of
its State, in order to obtain the required information. |
2. If the
competent authority of either the executing State
or States or the
issuing State is not known to the competent authority of the other State, the
latter authority shall make all the relevant enquiries, including via the
contact points of the European Judicial Network created by the Council Joint
Action 98/428/JHA of 29 June 1998 on the creation of a European
Judicial Network, the National Member of Eurojust or the National System
for the coordination of Eurojust of its State, in order to obtain the
required information. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>51</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 7 - paragraph 3</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
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. |
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 without delay inform the competent authority of the
issuing State accordingly by any means which leaves a written record. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>52</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 8 - paragraph 1 - point a</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(a) upon receipt of a European protection order transmitted in
accordance with Article 7, recognise that order and take, where appropriate,
all measures that would be available under
its national law in a similar case in order to ensure the protection of the
protected person, unless it decides to invoke one of the grounds for
non-recognition referred to in Article 9; |
(a) upon receipt of a European protection order transmitted in
accordance with Article 7, recognise that order without delay and 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,
unless it decides to invoke one of the grounds for non-recognition referred
to in Article 9; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>53</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 8 - paragraph 1 - point b</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(b) inform the
person causing danger, where appropriate, of any measure taken in the
executing State; |
(b) inform the
person causing danger, where appropriate, of any measure taken in the
executing State and of the legal consequences of
any breach of the protection measure described therein; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>54</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 8 - paragraph 1 - point d</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(d) immediately
notify the competent authority of the issuing State and, if the issuing State
is different from the State of supervision, the competent authority of the
State of supervision, of any breach of the protection measure underlying the
European protection order and described therein. Notice shall be given using
the standard form set out in Annex II. |
(d) immediately
notify the competent authority of the issuing State and, if the
issuing State is different from the State of supervision, the competent
authority of the State of supervision, and in case
there are several executing States the competent authority in the other
executing State or States of any breach of the protection measure
underlying the European protection order and described therein. Notice shall
be given using the standard form set out in Annex II. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>55</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 8 - paragraph 2</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
2. The competent
authority of the executing State shall inform the competent authority of the
issuing State and the protected person about the measures adopted in
accordance with this Article. |
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 disclosing the
address or other contact details concerning the protected person. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>56</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 8 - paragraph 2 a (new)</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
(2a) If the competent authority in the
executing State considers that the information transmitted with the European
protection order in accordance with Article 6 is incomplete, it shall without
delay inform the issuing authority by any means which leaves a written
record, setting a deadline for
the issuing authority to provide the missing information. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>57</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 8 a (new) - paragraph 1</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
|
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, 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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>58</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 9 - paragraph 1</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
1. Grounds shall be given
for any refusal to recognise a European protection order. |
1. Reasons shall be given
for any refusal to recognise a European protection order. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>59</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 9 - paragraph 1 - point c</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(c) 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; |
deleted |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>60</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 9 - paragraph 1 - point d</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
(d) 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; |
deleted |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>61</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 9 a (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
Article 9a |
|
|
Governing law and competence in the
executing State |
|
|
1. The executing State, after consulting
the issuing 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 foreseen in Article 8
paragraph 1, including rules on legal remedies against decisions adopted in
the executing State relating to the European protection order. |
|
|
2. 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, pursuant to paragraph 1, the
competence to: |
|
|
a) impose criminal sanctions and take
any other measure as a consequence of the breach of such measure, if this
amounts to a criminal offence under the law of the executing State; |
|
|
b) take any non-criminal decisions
related to the breach; |
|
|
c) take any urgent and provisional
measure in order to put an end to the breach, where appropriate pending a
subsequent decision by the issuing State. |
|
|
3. Where the competent authority of the
executing State refuses to recognise a European protection order on one of
the grounds referred to in Article 9, paragraph 2, points a) and b), it shall
inform the protected person about the possibility of requesting the adoption
of a protection measure in accordance with its national law. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>62</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 9 b (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
Article 9b |
|
|
Notification in case of breach |
|
|
The competent authority of the executing State shall notify
the competent authority of the issuing State and of the State of supervision
of any breach of the measure or measures taken on the basis of the European
protection order. Notice shall be given using the standard form set out in
Annex II. |
Or. <Original>{EN}en</Original>
</Amend><Amend>Amendment <NumAm>63</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - title</Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
Subsequent decisions in the issuing State |
Competence in the issuing State |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>64</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 1</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
1. The competent authority of the issuing State shall have jurisdiction to take all subsequent
decisions relating to the protection measure underlying a European
protection order. Such subsequent decisions shall concern notably: |
1. The competent authority of the issuing State shall have
exclusive competence to take decisions relating to : |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>65</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 1 - point a</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
(a) the renewal,
review and withdrawal of the protection measure; |
(a) the renewal,
review, modification, revocation
and withdrawal of the protection measure and, consequently, of the European protection order; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>66</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 1 - point a a (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
(aa) the imposition of a custodial
measure as a consequence of revoking the protection measure, provided that
the protection measure has been applied on the basis of a judgement, as
defined by Article 2 of Council Framework Decision 2008/947/JHA, or on the
basis of a decision on supervision measures, as defined in Article 4 of
Council Framework Decision 2009/829/JHA; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>67</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 1 - point b</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
(b) the modification of the protection
measure; |
deleted |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>68</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 1 - point c</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
(c) the issuing of an arrest warrant or
any other enforceable judicial decision having the same effect; |
deleted |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>69</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 1 - point d</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
(d) the initiation of new criminal
proceedings against the person causing the danger. |
deleted |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>70</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 3</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
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 to another
Member State, subsequent decisions shall be taken in accordance with the
relevant provisions of those Framework Decisions. |
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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>71</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 3 a (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
3a. The competent authority of the
issuing State shall inform without delay the competent authority of the
executing State of any decision taken in accordance with paragraph 1. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>72</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 3 b (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
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. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>73</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 3 c (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
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: |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>74</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 3 c (new) - point a (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
(a) change the measures taken on the
basis of the European protection order, acting in accordance with Article 8; |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>75</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 10 - paragraph 3 c (new) - point b (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
(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 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). |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>76</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 11 </Article>
|
|
|
|
Text
of the initiative |
Amendment |
|
Grounds for revoking
the recognition of a European protection order |
Grounds for discontinuation
of measures taken on the basis of a European protection order |
|
The competent
authority of the executing State may revoke
the recognition of a European protection order where there is evidence that
the protected person has definitively left the territory of the executing
State. |
1. The competent authority of the executing
State may discontinue the measures taken in execution of a European
protection order: |
|
|
(a) where there is undoubted and clear
evidence that proves 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(6)(b); |
|
|
(d) where a judgment, as defined in
Article 2 of Council Framework Decision 20008/947/JHA, or a decision on
supervision measures, as defined in Article 4 of Council Framework Decision
2009/828/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 and the protected person of such 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, without delay, reply to such an invitation. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>77</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 12 - paragraph 1</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
1. The European protection order shall
be recognised without delay. |
1. The European protection order shall be executed within 20 days. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>78</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 12 - paragraph 2</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
2. The competent authority of the executing State shall decide
without delay on the adoption of any measure under its national law further
to the recognition of a European protection order, in accordance with Article
8. |
2. According to the nature of the protection needed, it must be
ensured that the issuing of a European protection order follows fast track
procedures at national level. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>79</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 13</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
Article
13 |
deleted |
|
Governing
law |
|
|
Decisions made by the competent authority of the executing
State under this Directive shall be governed by its national law. |
|
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>80</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 14 </Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
Article
14 |
deleted |
|
Obligations
of the authorities involved |
|
|
1. Where, in application of Article
10(1)(b), the competent authority of the issuing State has modified the
protection measure underlying the European protection order, it shall without
delay inform the competent authority of the executing State of such
modification. |
|
|
Where appropriate, the competent
authority of the executing State shall take the necessary measures in order
to give effect to the modified protection measure, if those measures would be
available under its national law in a similar case, informing the competent
authority of the issuing State, the protected person and, where appropriate,
the person causing danger, when the latter is in the territory of the
executing State. |
|
|
2. The competent authority of the issuing
State shall without delay inform the competent authority of the executing
State and the protected person of the expiry or revocation of the protection
measure underlying the European protection order that was issued in the
issuing State and, subsequently, of the revocation of the order. |
|
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>81</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 16 - paragraph 1</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
The European
protection order shall be translated into the official language or one of the
official languages of the executing State. |
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 or States. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>82</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 16 - paragraph 1 a (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
1a. The form referred to in Article 9b
shall be translated by the competent authority of the executing State into
the official language or one of the official languages, as
appropriate, of the issuing State. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>83</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 16 - paragraph 2</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
Any Member State
may, either when this Directive is adopted or at a later date, state in a
declaration deposited with the General
Secretariat of the Council, that it will accept a translation in
one or more other official languages of the institutions of the Union. |
2. Any Member State may, either when this
Directive is adopted or at a later date, state in a declaration deposited
with the Commission that it will accept a translation in one
or more other official languages of the institutions of the Union. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>84</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 18 a (new) </Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
Article 18a |
|
|
Relationship with other instruments |
|
|
1. This Directive shall not affect the
application of Council Regulation (EC) No 44/2001 on jurisdiction and
the recognition and enforcement of judgments in civil and commercial matters,
nor of Council Regulation (EC) No 2201/2003 on jurisdiction and the
recognition and enforcement of judgments in matrimonial matters and in
matters of parental responsibility for joint children, repealing Regulation
(EC) No 1347/2000, nor of the 1996 Hague Convention on Jurisdiction,
Applicable Law, Recognition, Enforcement and Cooperation in respect of
Parental Responsibility and Measures for the Protection of Children, nor of
the 1980 Hague Convention on the Civil Aspects of International Child
Abduction. |
|
|
2. This Directive shall not affect the
application of Council Framework Decision 2008/947/JHA and Council
Framework Decision 2009/829/JHA. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>85</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 19 - paragraph 2</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
1. Member States
shall take the necessary measures to comply with the
provisions of this
Directive by …*. |
1. Member States
shall bring into force the laws, regulations and
administrative provisions
necessary to comply with this Directive by …* They shall forthwith inform the Commission thereof. When Member
States adopt those measures, they shall contain a reference to this Directive
or shall be accompanied by such reference on the occasion of their official
publication. The methods of making such reference shall be laid down by the
Member States. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>86</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 19 - paragraph 2</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
2. 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. |
2. Member States
shall communicate to the Commission the text of the main provisions of national law which
they adopt in the field covered by this Directive. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>87</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 19 a (new)</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
|
Article
19a |
|
|
Data
collection |
|
|
1.
Member States shall collect data on the basis of the European protection
order, in particular data related to the number of European protection orders
requested, issued and enforced. In addition data related to breaches of the
protection measures adopted should be collected 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. Also data on victims of terrorism and
of organised crime should be included in the data collection. All data should
be differentiated by gender. |
|
|
2. Member States shall forward to the Commission
and to the European Parliament the information collected on the basis of the
European protection order. |
Or. <Original>{EN}en</Original>
</Amend>
<Amend>Amendment <NumAm>88</NumAm>
<DocAmend>Draft directive</DocAmend>
<Article>Article 20</Article>
|
|
|
|
Text of
the initiative |
Amendment |
|
Review |
Review |
|
1. By ….*, the Commission shall draw up a
report based on the information received from the
Member States under Article 19(2). |
By …. *, the
Commission shall submit a report to
the European Parliament and to the Council on the application of this
Directive. The report
shall be accompanied, if necessary, by legislative proposals. |
|
2. On the basis of this report, the
Council shall assess: |
|
|
(a) the extent to which the Member
States have taken the necessary measures in order to comply with this
Directive, and |
|
|
(b) the application of this Directive. |
|
|
3. The report shall be accompanied, if necessary, by
legislative proposals. |
|
Or. <Original>{EN}en</Original>
</Amend>
</RepeatBlock-Amend>
La propuesta de Directiva que han presentado
12 Estados miembros sobre la orden de protección europea es una iniciativa
dirigida a la prevención del delito. En efecto, las actuaciones de los Estados
Miembros que han puesto en marcha las órdenes de protección de las víctimas
terminan en la frontera del Estado Miembro que las dicta. Pero las víctimas se
desplazan por los distintos Estados Miembros debido a múltiples razones, en
muchos casos para evitar el delito. Estos desplazamientos las dejan inermes
cuando la cooperación judicial y policial no pone en marcha un mecanismo de
alerta y prevención para su propia defensa que funcione rápida y eficazmente en
todo el territorio europeo. La puesta en marcha de este mecanismo de
cooperación judicial y policial es el origen de esta iniciativa. Las
actuaciones de los Estados Miembros demuestran que a nivel europeo se pueden
evitar los delitos cuando el agresor o los agresores están identificados.
La Decisión marco del Consejo de 15 de marzo
de 2001 relativa al estatuto de la víctima en el proceso penal y la Directiva
2004/80 CE del Consejo de 29 de abril de 2009 sobre indemnización a las
víctimas de delitos recogen la recomendación del Consejo de Europa de 28 de
junio de 1985 sobre la posición de la víctima en el marco del derecho penal y
del proceso penal, pero no abordan la prevención del delito que es el supuesto
que aquí se plantea.
El programa de Estocolmo y su Plan de Acción
recogen la necesidad de abordar la situación de las víctimas, la lucha contra
la violencia y la necesidad de simplificar el acceso a la justicia en el área
judicial europea particularmente en los procedimientos de cooperación transnacional
(Programa de Estocolmo 3.4.1). In this context the
Communication on the Action Plan Implementing the Stockholm Programme (COM
(2010)171 final) 1 points out that the differences in guarantees
provided to victims of crime should be analysed and reduced with a view to
increasing protection by all means available and in this context it is proposed
that a legislative proposal on a comprehensive instrument on the protection of
victims and an action plan on practical measures including developing a European
Protection Order should be adopted.
De acuerdo con los procedimientos derivados
de la aplicación del Tratado de Lisboa, el artículo 51 del Reglamento del
Parlamento europeo permite la transversalidad en la elaboración de informes. El
presente informe ha tenido la oportunidad de recoger las aportaciones de los
debates de las Comisiones de Comisión de Libertades Civiles, Justicia y Asuntos
de Interior y de la Comisión de Derechos de la Mujer e Igualdad de Género así
como la cooperación entre las dos ponentes.
The European Council presented on the 5th of January, 2010
its first proposal for a Directive for a European Protection Order for Victims.
Since then it has been modified and revised multiple times by the Council. Much
of the content and the construction of the legal basis of the Council’s
proposal were based on a questionnaire which was answered in October 2009 by 20
EU Member States.
This report and the suggested amendments from both rapporteurs are based
on the Council’s version of the 22nd of January.
The Council defines victim protection as activating appropriate
mechanisms to prevent a repeat offence or a different, perhaps more serious
offence, by the same offender against the same victim. These protection
measures are only applicable in the territory where the measures were stated by
a legal authority. A mechanism to extend these protection measures to another
Member State is what the Council is aiming for. Or in other words, it wants to
avoid the situation in which a victim won't have to restart the whole legal
process of gaining protection measures when moving to another Member State.
Posición de las ponentes:
The rapporteurs largely agree with the Council’s proposal. Taking into
account the Stockholm Action Plan, the initiative of the European Union to
maintain and develop an area of freedom, security and justice, which was
approved by the European Council at its meeting on 10 and 11 December, this
Directive is the first of many coming initiatives to reach these goals. Victims
of violence should not only be prevented in their country from being harmed by
the offender, but also within the whole of the European Union they should have
these kinds of preventive measures. For those reasons the rapporteurs support
the overall concept of the protection order.
El campo de aplicación de la iniciativa es
deliberadamente abierto. Aunque la mayoría de las órdenes de protección
vigentes van destinadas a las mujeres victimas de violencia de género, cual
quier otra victima de violencia, niña, niño, adulta o adulto, con agresor
identificado puede ser sujeto de esta iniciativa. In
this context the Stockholm
Programme states that victims of crime, including terrorism, who are most
vulnerable or who find themselves in particularly exposed situations, such as
persons subjected to repeated violence in close relationships, victims of
gender-based violence, or persons who fall victim to other types of crimes in a
Member State of which they are not nationals or residents, are in need of
special support and legal protection. A European Protection Order should
therefore be applicable to all victims of crime, such as victims of human trafficking, victims
of female genital mutilations, forced marriages, honour killings, incest,
gender violence, witnesses, victims of terrorism and victims of organized
crime, regardless of the age or sex of the victim, where there is an identified
aggressor. If the victim is too young for an order to be issued, he or she
needs the assistance and approval of a tutor or legal representative.
Las modificaciones que se proponen para esta
Directiva mejoran el texto en los siguientes aspectos:
- mejora de las condiciones en
las que se fundamenta la elisión de la orden europea de protección,
- continuidad en la defensa
legal,
- reducción de los motivos de no
reconocimiento o rechazo de la orden europea de protección,
- plazos para la eficacia de la
orden que deberá emitirse en 20 días,
- especificación en la situación
de desplazamiento de la víctima.
However the rapporteurs are aware of the complexity of the initiative
and of the challenges this Directive might face in the future. The fact that
the judicial systems of Member States are different and that the proceedings
may be criminal, civil or administrative needs to be overcome.
The intention of the rapporteurs is to ensure the best protection
possible of the victims by inter alia ensuring the necessary legal certainty.
The victims should benefit from clear procedures, always be informed about the
measures that are available in both the issuing State and the States where they
intend to move or have already moved. In addition, the grounds for refusal
should be as restrictive as possible and the victim should be clearly informed
about the reasons that lead to a refusal.
Furthermore, protection of victims does not mean just physical
protection. Also the dignity of victims needs to be taken in account when we
speak of victim protection. As mentioned in the Council Framework Decision on
Preventing and Combating Trafficking in Human Beings, and Protecting Victims
repealing Framework Decision 2002/629/JHA ‘any action of the Union in this
field must respect fundamental rights and observe the principles recognized in
particular by the Charter of Fundamental Rights of the European Union (EU Charter)
and the Convention for the Protection of Human Rights and Fundamental Freedoms
(EHCR), notably human dignity‘. It is also mentioned that every provision aimed
at supporting victims in the concrete exercise of their rights in criminal
proceedings such as assistance measures, psychological assistance and legal
counseling, should empower them and contribute to strengthen the respect of
their dignity. In this respect the rapporteurs see it as an imperative point to
include a protection for victims that aims to restore their dignity and respect
as a human being, whenever he or she decided to move to another country, or is
already living in another Member State.
This Directive protects victims who have been mistreated by one single
person. Reality however shows that more than one person could threaten or bring
harm to a person. If a judicial court is prosecuting a group of people and
protective measures have been imposed, the European protection order, if it has
been issued, should contain also the protection against violence committed by a
group of people.
This initiative from a group of Members States is lacking in providing
moral assistance which should be included in the Directive. Victims who have
been morally damaged through violence of any kind whatsoever need to be
provided with the right information and assistance on how they can start a new
life while not losing the protection measures which have been imposed, even
before they have the idea of moving to another Member State. Throughout the
process this assistance should be considered.
This report is the result of two rapporteurs working to ensure that the
European Protection Order is a strong instrument in providing a safer haven for
victims of violence across Member States' borders.