BETA
Home MEPs Dossiers Committees Subjects Blog About Dumps

Activities of Jan Philipp ALBRECHT related to 2010/0817(COD)

Shadow reports (1)

REPORT on the draft directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters PDF (445 KB) DOC (297 KB)
2016/11/22
Committee: LIBE
Dossiers: 2010/0817(COD)
Documents: PDF(445 KB) DOC(297 KB)

Amendments (3)

Amendment 96 #
Jan Philipp ALBRECHT
Draft directive
Article 5 – paragraph 1
1. The EIO set out in the form provided for in Annex A shall be completed, signed, and its content certified as accurate by the issuing authorityhall be issued in accordance with the form set out in Annex 1 of this Directive. It shall, in particular, contain the following information: (a) the issuing authority and/or validating authority; (aa) the object of and reason for the EIO; (ab) the necessary information available on the person(s) concerned; (ac) a description of the criminal act, which is subject for investigation or proceedings, and the applicable provisions of criminal law; (ad) a description of the investigative measure(s) requested and evidence to be obtained.
2012/02/10
Committee: LIBE
Amendment 99 #
Jan Philipp ALBRECHT
Draft directive
Article 5 a (new)
Article 5a Minor offences Where the executing authority has reasons to believe that: (a) the investigative measure concerns an offence which it might consider being very minor, or (b) it is likely that the final penalty in the case may be very minor, the executing authority shall consult the issuing authority on the importance to execute the investigative measure in the specific case if such an explanation has not been made in the EIO, or in case the executing authority, after having received the EIO, is of the opinion that it may not be proportionate to execute the EIO regarding this minor offence. After such consultation, the issuing authority may decide to withdraw the EIO.
2012/02/10
Committee: LIBE
Amendment 127 #
Jan Philipp ALBRECHT
Draft directive
Article 13
Legal remedies shall be available for the interested parties 1. Member States shall take the necessary measures to enable any interested party or person to have issuing, recognition, and execution of an EIO reviewed by a court for the purpose of preserving their legitimate interests. 1a. Legal remedies against recognition and execution of the EIO shall be sought from the competent authority of the executing State in accordance with the legal provisions of that State. 1b. Legal remedies against issuance of the EIO, including the question whether the conditions referred to in Article 5a(1) have been fulfilled, can be sought only from the competent authority of the issuing State. The issuing State shall ensure that the legal remedies concerned are such as are also available in a comparable domestic case. 1c. The issuing and the executing accordance with national law. The substantive reasons for issuing the EIO can be challenged only in an action brought before a court of the issuing State. uthorities shall take the necessary measures to enable legal remedies to be sought pursuant to paragraphs 1a and 1b, in particular by providing relevant and adequate information to interested parties or persons, in simple language that they can understand, regarding the possibilities for seeking the legal remedies concerned. The issuing State shall provide information, based on its national law, regarding the legal remedies available against issuance of the EIO and against the investigative measure ordered therein. 1d. Member States shall ensure that any time limits for seeking a legal remedy referred to in paragraphs 1a and 1b are applied in a way that guarantees the possibility of effective assertion of these legal remedies for interested parties or persons. 1e. If a legal remedy under paragraph 1a is sought in the executing State, the competent authority of the executing State shall inform the issuing authority thereof and of the grounds given for seeking that legal remedy, so that the issuing authority can submit the arguments that it deems necessary. The issuing authority shall be informed of the outcome of the proceedings. 1f. If a legal remedy under paragraph 1b is sought in the issuing State, the competent authority of the issuing State shall inform the executing authority thereof and of the grounds given for seeking that legal remedy, so that the executing authority can submit the arguments that it deems necessary. The executing authority shall be informed of the outcome of the proceedings. 1g. The executing State shall suspend the transfer of the evidence, pending the decision regarding legal remedies sought pursuant to paragraph 1a or 1b. 1h. If in the executing State objections are submitted by interested parties or persons in respect of the substantive reasons for issuing the EIO, they shall be transmitted to the issuing authority without delay. The issuing authority shall inform the executing authority whether transmission in accordance with the first sentence is considered as a legal remedy or whether a legal remedy has been sought in another way. The executing authority shall suspend transfer of the evidence until this information has been received.
2012/02/10
Committee: LIBE
@parltrack
@parltrack@eupolicy.social
[javascript protected email address]
code AGPLv3.0+
data ODBLv1.0
site content CC-By-Sa-3.0

ParlTrack - 2011-2024

© European Union, 2011 – Source: European Parliament
Hosted by AS250.net Foundation