11 Amendments of Marie-Christine VERGIAT related to 2010/0802(COD)
Amendment 93 #
Draft directive
Recital 4
Recital 4
(4) The resolution of the European Parliament of 2 February6 November 20069 on the current situation in combatingelimination of violence against women1: (a) which states, referring to the Beijing UN Platform for Action, that violence against women andis 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 act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty; (b) which states, referring to the Beijing UN Platform for Action, that violence against women is a manifestation of the historically unequal power relations between men and women; (c) 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 Europeand protential victimsction order for victims and a common EU-wide telephone helpline for victims. ––––––––––––––––– 1. P7_TA(2009)0098. 2. P7_TA(2009)0021.
Amendment 98 #
Draft directive
Recital 4 a (new)
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 106 #
Draft directive
Recital 8
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 113 #
Draft directive
Recital 10
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 120 #
Draft directive
Article - 1 (new)
Article - 1 (new)
Amendment 150 #
Draft directive
Article 5 – paragraph 1
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 3(12(2).
Amendment 176 #
Draft directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(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 personwithout delay and take any corresponding measures ensuring the continued protection of the protected person under its national law in a similar case, unless it decides to invoke one of the grounds for non-recognition referred to in Article 9; In doing so, the measures adopted by the competent authority of the executing State shall correspond, as much as possible, to the protection measure issued initially;
Amendment 178 #
Draft directive
Article 8 – paragraph 1 – point a a (new)
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
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 182 #
Draft directive
Article 8 – paragraph 1 – point b a (new)
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 196 #
Draft directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the European protection order is not complete orand has not been completed within tha reasonable time-limit set by the competent authority of the executing State;