Tuesday 13 December 2011

European Protection Order ***II

P7_TA(2011)0560

European Parliament legislative resolution of 13 December 2011 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the European protection order (15571/1/2011 – C7-0452/2011– 2010/0802(COD))

2013/C 168 E/34

(Ordinary legislative procedure: second reading)

The European Parliament,

having regard to its position at first reading (1) on the initiative emanating from a group of Member States submitted to Parliament and the Council (00002/2010),

having regard to Article 294(7) and Article 82(1) (a) and (d) of the Treaty on the Functioning of the European Union,

having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality under Rule 51 of the Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A7-0435/2011),

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

(1) Texts adopted of 14.12.2010, P7_TA(2010)0470.

Tuesday 13 December 2011

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement of the Council on the comprehensive approach to the question of recognition of protection measures

The Council welcomes the adoption of the Directive of the European Parliament and of the Council on the European protection order, as an important instrument of the protection of the victims of crime in the European Union.

Considering the fact that this Directive is focused on protection measures taken in criminal matters, and given the different legal traditions in the Member States in this field, the Council is aware that this instrument will have to be complemented in the future by a similar mechanism for mutual recognition of protection measures taken in civil matters.

In this respect, the Council recalls that the proposal presented by the Commission on 18 May 2011 for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters is currently under examination in the preparatory bodies of the Council.

In line with its Resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings (see Measure "C"), the Council commits itself to continuing the examination of this proposal as a matter of priority. It also commits itself to ensure that this instrument will complement the provisions of the Directive on the European protection order, so that the combined scope of application of the two instruments enables the cooperation among the Member States, irrespective of the nature of their national systems, with respect to the highest possible number of protection measures for victims.