12 Amendments of Georgios PAPANIKOLAOU related to 2011/0130(COD)
Amendment 1 #
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure. It does not apply to protection measures covered by Regulation (EC) No 2201/2003 or to the protection measures covered by Directive [...] of the European Parliament and of the Council on the European protection order, in order to prevent overlapping between the civil law and criminal law systems.
Amendment 2 #
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) 'protection measure' means any decision, whatever it may be called, of a preventive and temporary nature taken by an authority in a Member State in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person's life, physical and/or psychological integrity or liber, dignity, personal liberty or sexual integrity to be at risk. It shall include measures ordered without the person causing the risk being summoned to appear. The following are notably protection measures: (i) an obligation not to enter(If the part of this amendment concerning the words "person's life, ...or sexual integrity" is adopted, corresponding modifications will need to be made throughout the text) Protection measures may include one or more of the following obligations or prohibitions: (i) a prohibition from entering and/or remaining in certain localities, places or defined areas where the protected person resides, works or that he visits; or (ii) an obligation not to enter into 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 (iii) an obligation not to prohibition or regulation on approaching the protected person closer than a prescribed distance; or (iv) a decision attributing the exclusive use of the common housing of two persons to the protected person; or (iva) any other prohibitions or regulations imposed in order to guarantee the protection of the protected person.
Amendment 54 #
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the decision regarding the protection measure. It does not apply to protection measures covered by Regulation (EC) No 2201/2003.
Amendment 57 #
Proposal for a regulation
Article 2 – point α – subparagraph 2 – point i
Article 2 – point α – subparagraph 2 – point i
i) an obligation not to enter and/or remain in certain localities, places or defined areas where the protected person resides, works or that he visits; or
Amendment 62 #
Proposal for a regulation
Article 2 – point a – subparagraph 2- point iv a (new)
Article 2 – point a – subparagraph 2- point iv a (new)
iva) a prohibition forbidding publication, under the terms of Directive 95/46/EC, of the personal data of protected individuals without their consent.
Amendment 65 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The law of the Member State of origin shall be applicable to any rectification of the certificate. Rectification may be requested by the person seeking protection, the person causing the risk or the competent authority of the Member State of recognition. Rectification shall take place within a reasonable period from receipt of the request and shall in no case take longer than two working days.
Amendment 66 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. No appeal shall lie against the issuing of a certificate. Procedural errors shall be rectified in accordance with paragraph 1 of this article.
Amendment 69 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
b) he was prevented from contesting the protection measure by reason of force majeure, or due to extraordinary circumstances without any fault on his part;
Amendment 70 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
ba) he was prevented contesting the protection measure due to extraordinary circumstances, even where he was at fault, unless he failed to challenge the protection measure when it was possible for him to do so.
Amendment 71 #
Proposal for a regulation
Article 10 – paragraph 2 – final wording
Article 10 – paragraph 2 – final wording
Amendment 73 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The recognition of a protection measure may not be refused because the law of the Member State of recognition does not allow for such a measure based on the same facts. This provision must not, however, lead to circumvention of the law of the Member State of recognition, in particular where, although the general conjunction of circumstances would dictate consideration of the request for a protection measure by the competent authority of the country of recognition, it was nevertheless examined by the competent authority of another country for the purpose of circumventing the prohibition forbidding such a measure under the same circumstances in the country of recognition.
Amendment 76 #
Proposal for a regulation
Article 13 – paragraph 1 – point iv
Article 13 – paragraph 1 – point iv
iv) any suspension or, withdrawal or review of the protection measure.