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(Joint committee procedure – Rule 58 of the Rules of Procedure)
P9_TA(2024)0338
Rapporteurs: Frances Fitzgerald, Evin Incir
Combating violence against women and domestic violence
Rapporteur for the opinion of the associated committee pursuant to Rule 57 of the Rules of Procedure:
Committee on Civil Liberties, Justice and Home Affairs, Committee on Women's Rights and Gender Equality
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
PE739.730
European Parliament legislative resolution of 24 April 2024 on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence (COM(2022)0105 – C9-0058/2022 – 2022/0066(COD))
(COM(2022)0105 – C90058/2022 – 2022/0066(COD))
(Ordinary legislative procedure: first reading)
– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,
– having regard to the opinion of the European Economic and Social Committee of 13 July 2022,
– having regard to the provisional agreement approved by the committees responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 14 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
– having regard to Rule 59 and 40 of its Rules of Procedure,
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
P9_TC1-COD(2022)0066
Proposal for a directive
Position of the European Parliament adopted at first reading on 24 April 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council on combating violence against women and domestic violence
Citation 1
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/1385.)
Amendment 2
Proposal for a directive
Recital 1
Amendment 3
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Amendment 4
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Amendment 5
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Amendment 6
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Amendment 7
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Amendment 8
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Amendment 9
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Amendment 10
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Amendment 11
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Recital 10
Amendment 12
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Recital 11
Amendment 13
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Recital 12
Amendment 14
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Recital 13
Amendment 15
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Recital 14
Amendment 16
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Recital 14 a (new)
Amendment 17
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Recital 14 b (new)
Amendment 18
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Recital 15
Amendment 19
Proposal for a directive
Recital 15 a (new)
Amendment 20
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Recital 16
Amendment 21
Proposal for a directive
Recital 16 a (new)
Amendment 22
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Recital 16 b (new)
Amendment 23
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Recital 16 c (new)
Amendment 24
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Recital 17
Amendment 25
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Recital 18
Amendment 26
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Recital 19
Amendment 27
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Recital 20
Amendment 28
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Recital 21
Amendment 29
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Recital 22
Amendment 30
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Recital 23
Amendment 31
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Recital 23 a (new)
Amendment 32
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Recital 23 b (new)
Amendment 33
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Recital 23 c (new)
Amendment 34
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Recital 24
Amendment 35
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Recital 25
Amendment 36
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Recital 26
Amendment 37
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Recital 27
Amendment 38
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Recital 28
Amendment 39
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Recital 29
Amendment 40
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Recital 30
Amendment 41
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Recital 31
Amendment 42
Proposal for a directive
Recital 32
Amendment 43
Proposal for a directive
Recital 32 a (new)
Amendment 44
Proposal for a directive
Recital 33
Amendment 45
Proposal for a directive
Recital 34
Amendment 46
Proposal for a directive
Recital 35
Amendment 47
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Recital 36
Amendment 48
Proposal for a directive
Recital 36 a (new)
Amendment 49
Proposal for a directive
Recital 37
Amendment 50
Proposal for a directive
Recital 37 a (new)
Amendment 51
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Recital 38
Amendment 52
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Recital 39
Amendment 53
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Recital 42
Amendment 54
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Recital 43
Amendment 55
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Recital 44
Amendment 56
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Recital 45
Amendment 57
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Recital 46
Amendment 58
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Recital 47
Amendment 59
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Recital 48
Amendment 60
Proposal for a directive
Recital 48 a (new)
Amendment 61
Proposal for a directive
Recital 49
Amendment 62
Proposal for a directive
Recital 50
Amendment 63
Proposal for a directive
Recital 50 a (new)
Amendment 64
Proposal for a directive
Recital 50 b (new)
Amendment 65
Proposal for a directive
Recital 50 c (new)
Amendment 66
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Recital 51
Amendment 67
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Recital 51 a (new)
Amendment 68
Proposal for a directive
Recital 52
Amendment 69
Proposal for a directive
Recital 53
Amendment 70
Proposal for a directive
Recital 53 a (new)
Amendment 71
Proposal for a directive
Recital 54
Amendment 72
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Recital 55
Amendment 73
Proposal for a directive
Recital 55 a (new)
Amendment 74
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Recital 56
Amendment 75
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Recital 57
Amendment 76
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Recital 57 a (new)
Amendment 77
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Recital 58
Amendment 78
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Recital 58 a (new)
Amendment 79
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Recital 59
Amendment 80
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Recital 60
Amendment 81
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Recital 60 a (new)
Amendment 82
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Recital 61
Amendment 83
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Recital 61 a (new)
Amendment 84
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Recital 62
Amendment 85
Proposal for a directive
Recital 62 a (new)
Amendment 86
Proposal for a directive
Recital 62 b (new)
Amendment 87
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Recital 63
Amendment 88
Proposal for a directive
Recital 63 a (new)
Amendment 89
Proposal for a directive
Recital 63 b (new)
Amendment 90
Proposal for a directive
Recital 64
Amendment 91
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Recital 65
Amendment 92
Proposal for a directive
Recital 65 a (new)
Amendment 93
Proposal for a directive
Recital 71
Amendment 94
Proposal for a directive
Article 1 – paragraph 1 – point c
Amendment 95
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Amendment 96
Proposal for a directive
Article 2 – paragraph 1
Amendment 97
Proposal for a directive
Article 2 – paragraph 2
Amendment 98
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Amendment 99
Proposal for a directive
Article 4 – paragraph 1 – point a
Amendment 100
Proposal for a directive
Article 4 – paragraph 1 – point b
Amendment 101
Proposal for a directive
Article 4 – paragraph 1 – point f
Amendment 102
Proposal for a directive
Article 4 – paragraph 1 – point g
Amendment 103
Proposal for a directive
Article 5 – paragraph 2
Amendment 104
Proposal for a directive
Article 5 – paragraph 3
Amendment 105
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Article 5 a (new)
Amendment 106
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Article 6 a (new)
Amendment 107
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Article 6 b (new)
Amendment 108
Proposal for a directive
Article 6 c (new)
Amendment 109
Proposal for a directive
Article 6 d (new)
Amendment 110
Proposal for a directive
Article 7 – paragraph 1 – point a
Amendment 111
Proposal for a directive
Article 7 – paragraph 1 – point b
Amendment 112
Proposal for a directive
Article 7 – paragraph 1 – point c
Amendment 113
Proposal for a directive
Article 7 – paragraph 1 a (new)
Amendment 114
Proposal for a directive
Article 8 – paragraph 1 – point c
Amendment 115
Proposal for a directive
Article 9 – paragraph 1 – point a
Amendment 116
Proposal for a directive
Article 9 – paragraph 1 – point b
Amendment 117
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Amendment 118
Proposal for a directive
Article 10 – paragraph 1
Amendment 119
Proposal for a directive
Article 11 – paragraph 2
Amendment 120
Proposal for a directive
Article 12 – paragraph 2 a (new)
Amendment 121
Proposal for a directive
Article 12 – paragraph 2 b (new)
Amendment 122
Proposal for a directive
Article 12 – paragraph 3
Amendment 123
Proposal for a directive
Article 12 – paragraph 4
Amendment 124
Proposal for a directive
Article 13 – paragraph 1 – point b
Amendment 125
Proposal for a directive
Article 13 – paragraph 1 – point f
Amendment 126
Proposal for a directive
Article 13 – paragraph 1 – point i
Amendment 127
Proposal for a directive
Article 13 – paragraph 1 – point j
Amendment 128
Proposal for a directive
Article 13 – paragraph 1 – point o a (new)
Amendment 129
Proposal for a directive
Article 13 – paragraph 1 – point o b (new)
Amendment 130
Proposal for a directive
Article 13 – paragraph 1 – point o c (new)
Amendment 131
Proposal for a directive
Article 13 – paragraph 1 – point o d (new)
Amendment 132
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Amendment 133
Proposal for a directive
Article 14 – paragraph 2 a (new)
Amendment 134
Proposal for a directive
Article 15 – paragraph 2
Amendment 135
Proposal for a directive
Article 15 – paragraph 3
Amendment 136
Proposal for a directive
Article 15 – paragraph 4
Amendment 137
Proposal for a directive
Article 16 – paragraph 1
Amendment 138
Proposal for a directive
Article 16 – paragraph 1 a (new)
Amendment 139
Proposal for a directive
Article 16 – paragraph 1 b (new)
Amendment 140
Proposal for a directive
Article 16 – paragraph 1 c (new)
Amendment 141
Proposal for a directive
Article 16 – paragraph 2
Amendment 142
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Article 16 – paragraph 3
Amendment 143
Proposal for a directive
Article 16 – paragraph 4
Amendment 144
Proposal for a directive
Article 16 – paragraph 5
Amendment 145
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Article 17 – paragraph 1
Amendment 146
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Article 17 – paragraph 2
Amendment 147
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Article 17 – paragraph 3
Amendment 148
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Article 17 – paragraph 4
Amendment 149
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Article 17 – paragraph 5
Amendment 150
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Article 18 – paragraph 1
Amendment 151
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Article 18 – paragraph 2
Amendment 152
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Article 18 – paragraph 3
Amendment 153
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Article 18 – paragraph 4
Amendment 154
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Article 18 – paragraph 5 – introductory part
Amendment 155
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Article 18 – paragraph 5 – point b
Amendment 156
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Article 18 – paragraph 6
Amendment 157
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Article 18 – paragraph 7
Amendment 158
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Article 18 – paragraph 8
Amendment 159
Proposal for a directive
Article 19 – paragraph 1
Amendment 160
Proposal for a directive
Article 19 – paragraph 1 a (new)
Amendment 161
Proposal for a directive
Article 19 – paragraph 2
Amendment 162
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Article 20 – paragraph 1
Amendment 163
Proposal for a directive
Article 20 – paragraph 2
Amendment 164
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Article 20 – paragraph 3
Amendment 165
Proposal for a directive
Article 21 – title
Amendment 166
Proposal for a directive
Article 21 – paragraph 1
Amendment 167
Proposal for a directive
Article 21 – paragraph 2 a (new)
Amendment 168
Proposal for a directive
Article 21 – paragraph 2 b (new)
Amendment 169
Proposal for a directive
Article 21 – paragraph 2 c (new)
Amendment 170
Proposal for a directive
Article 21 – paragraph 2 d (new)
Amendment 171
Proposal for a directive
Article 21 – paragraph 4
Amendment 172
Proposal for a directive
Article 21 – paragraph 4 a (new)
Amendment 173
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Amendment 174
Proposal for a directive
Article 23 – paragraph 1 – point a
Amendment 175
Proposal for a directive
Article 23 – paragraph 1 – point b
Amendment 176
Proposal for a directive
Article 23 – paragraph 1 – point b a (new)
Amendment 177
Proposal for a directive
Article 23 – paragraph 1 – point c
Amendment 178
Proposal for a directive
Article 23 – paragraph 1 – point d
Amendment 179
Proposal for a directive
Article 23 – paragraph 1 – point e
Amendment 180
Proposal for a directive
Article 23 – paragraph 1 – point f
Amendment 181
Proposal for a directive
Article 23 – paragraph 1 – point g
Amendment 182
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 a (new)
Amendment 183
Proposal for a directive
Article 24 – title
Amendment 184
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Amendment 185
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point b
Amendment 186
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c
Amendment 187
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Article 24 – paragraph 2
Amendment 188
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Article 25 – paragraph 1
Amendment 189
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Article 25 – paragraph 2 – introductory part
Amendment 190
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Article 25 – paragraph 2 – point a
Amendment 191
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Article 25 – paragraph 2 – point b
Amendment 192
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Article 25 – paragraph 3
Amendment 193
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Article 25 – paragraph 4
Amendment 194
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Article 25 – paragraph 5
Amendment 195
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Article 25 – paragraph 6
Amendment 196
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Article 26 – paragraph 1
Amendment 197
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Article 26 – paragraph 4
Amendment 198
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Article 26 – paragraph 5 – subparagraph 1
Amendment 199
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Article 26 – paragraph 5 – subparagraph 3
Amendment 200
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Article 26 – paragraph 5 – subparagraph 3 a (new)
Amendment 201
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Article 27 – title
Amendment 202
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Article 27 – paragraph 1 – introductory part
Amendment 203
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Article 27 – paragraph 1 – point a
Amendment 204
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Article 27 – paragraph 1 – point b
Amendment 205
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Article 27 – paragraph 1 – point c
Amendment 206
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Article 27 – paragraph 1 a (new)
Amendment 207
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Article 27 – paragraph 2
Amendment 208
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Article 27 – paragraph 3
Amendment 209
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Article 27 – paragraph 4
Amendment 210
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Article 27 – paragraph 5
Amendment 211
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Article 27 – paragraph 6
Amendment 212
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Article 27 – paragraph 7
Amendment 213
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Article 28 – paragraph 1
Amendment 214
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Article 28 – paragraph 1 a (new)
Amendment 215
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Article 28 – paragraph 2
Amendment 216
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Article 28 – paragraph 3
Amendment 217
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Article 28 – paragraph 4
Amendment 218
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Article 29 – title
Amendment 219
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Article 29 – paragraph 1
Amendment 220
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Article 29 – paragraph 2
Amendment 221
Proposal for a directive
Article 29 a (new)
Amendment 222
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Article 29 b (new)
Amendment 223
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Article 30 – title
Amendment 224
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Article 30 – paragraph 1
Amendment 225
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Article 30 – paragraph 2 (new)
Amendment 226
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Article 30 – paragraph 3 (new)
Amendment 227
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Article 30 – paragraph 4 (new)
Amendment 228
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Article 30 – paragraph 5 (new)
Amendment 229
Proposal for a directive
Article 31 – paragraph 1
Amendment 230
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Article 31 – paragraph 1 a (new)
Amendment 231
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Article 31 – paragraph 2
Amendment 232
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Article 31 – paragraph 3
Amendment 233
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Article 31 – paragraph 4
Amendment 234
Proposal for a directive
Article 31 – paragraph 4 a (new)
Amendment 235
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Article 31 a (new)
Amendment 236
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Article 32 – paragraph 1
Amendment 237
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Article 32 – paragraph 2
Amendment 238
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Article 32 – paragraph 3
Amendment 239
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Article 32 – paragraph 4
Amendment 240
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Article 33 – paragraph 1
Amendment 241
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Article 33 – paragraph 2 a (new)
Amendment 242
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Article 33 – paragraph 3
Amendment 243
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Article 33 – paragraph 3 a (new)
Amendment 244
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Article 34 – paragraph -1 (new)
Amendment 245
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Article 34 – paragraph 1
Amendment 246
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Article 35 – title
Amendment 247
Proposal for a directive
Article 35 – paragraph 1
Amendment 248
Proposal for a directive
Article 35 – paragraph 3
Amendment 249
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Article 35 – paragraph 4
Amendment 250
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Chapter 5 – title
Amendment 251
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Article 36 – paragraph 1
Amendment 252
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Article 36 – paragraph 2
Amendment 253
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Article 36 – paragraph 3
Amendment 254
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Article 36 – paragraph 4
Amendment 255
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Article 36 – paragraph 5
Amendment 256
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Article 36 – paragraph 5 a (new)
Amendment 257
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Article 36 – paragraph 6
Amendment 258
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Article 36 – paragraph 7
Amendment 259
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Article 36 – paragraph 8
Amendment 260
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Article 37 – paragraph 1
Amendment 261
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Article 37 – paragraph 2
Amendment 262
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Article 37 – paragraph 3
Amendment 263
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Article 37 – paragraph 4
Amendment 264
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Article 37 – paragraph 6
Amendment 265
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Article 37 – paragraph 7
Amendment 266
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Article 37 – paragraph 7 a (new)
Amendment 267
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Article 38 – paragraph 1
Amendment 268
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Article 39 – paragraph 3
Amendment 269
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Article 39 a (new)
Amendment 270
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Article 40 – title
Amendment 271
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Article 40 – paragraph 1
Amendment 272
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Article 40 – paragraph 2
Amendment 273
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Article 41 – paragraph 1
Amendment 274
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Article 42 – paragraph 1
Amendment 275
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Article 43 – title
Amendment 276
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Article 43 – paragraph 1 – introductory part
Amendment 277
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Article 43 – paragraph 1 – point a
Amendment 278
Proposal for a directive
Article 43 – paragraph 1 – point b
Amendment 279
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Article 43 – paragraph 1 – point c
Amendment 280
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Article 43 – paragraph 2 a (new)
Amendment 281
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Article 44 – paragraph 1
Amendment 282
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Article 44 – paragraph 2 – introductory part
Amendment 283
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Article 44 – paragraph 2 – point b
Amendment 284
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Article 44 – paragraph 2 – point b a (new)
Amendment 285
Proposal for a directive
Article 44 – paragraph 2 – point b b (new)
Amendment 286
Proposal for a directive
Article 44 – paragraph 2 – point b c (new)
Amendment 287
Proposal for a directive
Article 44 – paragraph 2 – point b d (new)
Amendment 288
Proposal for a directive
Article 44 – paragraph 2 – point b e (new)
Amendment 289
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Article 44 – paragraph 4
Amendment 290
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Article 44 – paragraph 6
Amendment 291
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Article 44 – paragraph 7
Amendment 292
Proposal for a directive
Article 44 – paragraph 7 a (new)
Amendment 293
Proposal for a directive
Article 44 a (new)
Amendment 294
Proposal for a directive
Article 45
Directive 2011/93/EU
Article 3 – paragraph 9
Amendment 295
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Article 47 – paragraph 1
Amendment 296
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Article 47 – paragraph 2
Amendment 297
Proposal for a directive
Article 49 – paragraph 1
EXPLANATORY STATEMENT
On the 8th of March 2022, on International Women’s Day 2022, the European Commission presented a long awaited proposal for a Directive on combating violence against women and domestic violence (2022/0066 (COD). The proposal is based on Articles 82(2) and 83(1) TFEU and aims to effectively combat violence against women and domestic violence throughout the EU.
The directive was a very welcome response to a long-standing call from the European Parliament. The Parliament has adopted resolutions dating back to 2009 calling for a directive on preventing and combating all forms of violence against women and girls within the Union. As yet, the EU has no binding instrument designed specifically to protect women and girls from violence. Violence against women and girls is a widespread phenomenon in the EU, with one in three women having experienced physical or sexual violence. Around 50 women lose their lives to domestic violence every week, 75% of women within a professional setting have experienced sexual harassment and it is estimated that 1 in 2 young women have experienced gender-based cyber violence. The Commission´s assessment on the criminalisation of gender-based violence against women in European States, including ICT-facilitated violence, indeed concludes that gender-based violence against women needs to be urgently tackled at the European level. These hideous crimes can no longer continue in our Union.
Gender-based violence breaches human rights and is an extreme form of gender-based structural discrimination. It can take many forms, including psychological-, physical-, sexual-, economic-, digital violence, harassment and more. Recent years have seen the emergence of gender-based cyber violence, which potentially have been exacerbated by the coronavirus pandemic as even more of people's social lives have shifted online. However, all kinds of gender-based violence have exacerbated due to women and girls being forced to stay home with the perpetrators during the Covid-19 lockdown. Millions of women in the Union are living in a constant fear for when the next hit will come. We must stop this.
The co-Rapporteurs welcome the Commission´s historical proposal to finally address violence against women and domestic violence in a comprehensive way at a common European level. However, the co-Rapporteurs believe that the proposal must be further strengthened to ensure that it can properly respond to women´s and girls´ needs and to make Europe a safer place. They have therefore presented a number of proposals.
Firstly, the co-Rapporteurs emphasize that crime prevention is crucial and key to eliminate the risk of these crimes occuring, although the EU treaties offer only limited possibilities to act in this area. The co-Rapporteurs nevertheless want to highlight the importance of awareness-raising from an early age as men’s violence against women often starts with boy’s violence against girls. The awareness- raising must also include conversations about harmful gender stereotypes and comprehensive and age-appropriate sexual education. Furthermore, relevant professionals, for example in law enforcement, the judiciary, or health care professionals and educational staff, should receive training and information to understand the specific features of gender-based crimes, and also learn how to identify potential cases and how to act appropriately when cases occur. Moreover, coordination and cooperation between relevant actors must also increase at central, regional and local levels, especially when related to reporting crimes of violence against women and domestic violence.
Secondly, when the crimes occur, the legal processes must be based on women’s needs and should not lead to an additional assault. Irrelevant private questions to the victim shall never be allowed in the courtroom, there must be a clear improvement of knowledge within the judicial system regarding the specific features of these crimes and the woman must always be taken seriously from the first time she reports a crime.
Thirdly, the Union can no longer accept that only a fraction of all crimes reported lead to final conviction. The long-lasting and widespread impunity for perpetrators of violence against women and domestic violence must end. The co-Rapporteurs therefore propose strengthened measures to ensure the victims’ security during the process by stressing the need to use barring, restraining and protection orders as well as arrest and detention as a way to keep women safe and to secure the evidence, thereby preventing the perpetrator to pursue the woman to withdraw her story and guarantee the woman the protection she is legally entitled to. Member States’ authorities must also direct more efforts to secure the evidence, online as well as offline, from the earliest possible moment and electronic monitoring, such as ankle bracelets, should be used to make sure that barring, restraining and protection orders are respected, and can be followed up upon.
Fourthly, regarding the material provisions on the crimes included in the proposal, the co-Rapporteurs suggest to expand the definition of rape to include not only penetration, but also any other non-consensual act of a sexual nature that in view of the gravity of the act is comparable to penetration, as these acts will be equally harmful for the victim. The co-Rapporteurs also wish to expand the definition of consent, highlighting that all surrounding circumstances must be taken into account when making the assessment and include situations where a woman cannot be regarded as having a free and genuine choice, or is unable to refuse or withdraw consent without detriment, due to a state fear, intimidation, unconsciousness, intoxication sleep, illness, bodily injury, disability or in an otherwise particularly vulnerable situation. A specific article dedicated to negligent rape linked to the absence of consent is also put forward by the co-Rapporteurs, thereby including situations where the perpetrator was grossly negligent regarding the absence of consent.
The co-Rapporteurs also add forced sterilisation as a new offence as this is a harmful and exploitative practice that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. The co-Rapporteurs also add the crimes sexual exploitation through prostitution of others and purchase of sexual acts, as these offences clearly exploit women in already vulnerable situations, they are a gross violation of a person's right to bodily integrity and implies that both a person and their consent to sexual activity can be purchased for a given sum. For the same reason, the term ‘sex worker’ in the proposal should be replaced with the internationally agreed term ‘women in prostitution’, as an activity exploiting a person cannot and must not be recognised as ‘work’ by the EU.
To stop the ongoing harassment against women online and to protect women from the surge of cyber violence and harassment against them, the co-Rapporteurs suggest to expand the proposal’s scope of cybercrimes, in order to cover more situations. Furthermore, as cyber violence particularly targets and impacts public figures such as female politicians, journalists and human rights defenders, the list of aggravating circumstances should cover situations where the offence was committed against a public representative, a journalist or a human rights defender, as these attacks are a clear threat to democracy within the Union. Regarding the list of aggravating circumstances, violence against women where the intention of the crime was to preserve or restore the so called “honour “ of a person, family or community should also be viewed as an aggravating circumstance and these crimes clearly needs an increased attention within the Union to combat.
Lastly, the co-Rapporteurs wants to highlight the importance of always recognizing children who have witnessed violence against women and domestic violence as victims and suggest specific improvements in order to ensure that the best interest of the child is given due weight. This includes ensuring children’s rights at shelters and requiring Member States to ensure that the child’s best interest takes precedence over rights of access of the offender.
27.6.2023
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
Mr Juan Fernando LÓPEZ AGUILAR,
Chair
Committee on Civil Liberties, Justice and Home Affairs
BRUSSELS
Mr Robert BIEDROŃ
Chair
Committee on Women’s Rights and Gender Equality
BRUSSELS
Subject: Opinion on the legal basis of the proposal for a Directive combating violence against women and domestic violence (COM(2022)0105 – C90058/2022 – 2022/0066(COD))
Dear Mr Chairs,
By letter of 3 May 2023, the Chair of the Committee on Civil Liberties, Justice and Home Affair (LIBE) and the Chair of the Committee on Women’s Rights and Gender Equality (FEMM) requested the Committee on Legal Affairs (JURI), pursuant to Rule 40(2) of the Rules of Procedure, to provide an opinion on the appropriateness of adding Article 83(2) of the Treaty on the Functioning of the European Union (TFEU) as legal basis for the proposal for a Directive on combating violence against women and domestic violence (2022/0066(COD)) (hereinafter “the proposed Directive”).
JURI Committee considered the above question at its meeting of 27 June 2023.
I - Background
The LIBE and FEMM Committees are working jointly under Rule 58 of the Rules of Procedure on the proposed Directive.
The Commission proposal was based on Article 82(2) and Article 83(1) TFEU.
The co-Rapporteurs have proposed to add Article 83(2) TFEU as an additional legal basis of the proposed Directive, in relation to a new provision on offences concerning sexual harassment in the world of work, which they would like to add in the proposed Directive. The shadow rapporteurs as well as the coordinators of both FEMM and LIBE Committees agreed to request the opinion of JURI Committee on the appropriateness of the proposed new legal basis, pursuant to Rule 40 of the Rules of Procedure.
II - The relevant Treaty Articles
Chapter 4 (“Judicial cooperation in criminal matters”) of Title V of Part Three TFEU reads, inter alia (emphasis added):
Article 82
(ex Article 31 TEU)
1. Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in the areas referred to in paragraph 2 and in Article 83.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures to:
(a) lay down rules and procedures for ensuring recognition throughout the Union of all forms of judgments and judicial decisions;
(b) prevent and settle conflicts of jurisdiction between Member States;
(c) support the training of the judiciary and judicial staff;
(d) facilitate cooperation between judicial or equivalent authorities of the Member States in relation to proceedings in criminal matters and the enforcement of decisions.
2. To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules. Such rules shall take into account the differences between the legal traditions and systems of the Member States.
They shall concern:
(a) mutual admissibility of evidence between Member States;
(b) the rights of individuals in criminal procedure;
(c) the rights of victims of crime;
(d) any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.
Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.
3. Where a member of the Council considers that a draft directive as referred to in paragraph 2 would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
Article 83
(ex Article 31 TEU)
1. The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.
These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
On the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the European Parliament.
2. If the approximation of criminal laws and regulations of the Member States proves essential to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures, directives may establish minimum rules with regard to the definition of criminal offences and sanctions in the area concerned. Such directives shall be adopted by the same ordinary or special legislative procedure as was followed for the adoption of the harmonisation measures in question, without prejudice to Article 76.
3. Where a member of the Council considers that a draft directive as referred to in paragraph 1 or 2 would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
III – CJEU case law on the choice of legal basis
The Court of Justice has traditionally viewed the question of the appropriate legal basis as an issue of constitutional significance, guaranteeing compliance with the principle of conferred powers (Article 5 of the Treaty on European Union) and determining the nature and scope of the Union’s competence.
According to well-established case law, the legal basis of a Union act does not depend on an institution's conviction as to the objective pursued, but must be determined according to objective criteria amenable to judicial review, including in particular the aim and the content of the measure.
If examination of a measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, that measure must be based on a single legal basis, namely that required by the main or predominant purpose or component. Only exceptionally, if it is established that the act simultaneously pursues a number of objectives, inextricably linked, without one being secondary and indirect in relation to the other, may such an act be founded on the various corresponding legal bases. This would however only be possible if the procedures laid down for the respective legal bases are not incompatible with and do not undermine the right of the European Parliament.
IV – Aim and content of the proposed Regulation
The proposed Directive aims to effectively combat violence against women and domestic violence throughout the Union. It addresses different areas: the criminalisation of and sanctions for relevant offences; protection of victims and access to justice; victim support; prevention; coordination and cooperation.
The proposed Directive uses three different means to achieve its mission: (1) it makes the current Union legal instruments relevant to combating violence against women and domestic violence more effective; (2) it creates upwards convergence and fills gaps in protection, access to justice, support, prevention and coordination and cooperation; and (3) it aligns Union law with established international standards. Additionally, the proposal takes into account the recent phenomena of cyber violence against women.
Currently, no specific piece of Union legislation comprehensively addresses violence against women and domestic violence, the proposed Directive would be the first such act. The proposed targeted measures on criminal offence and victims’ rights lay down minimum rules that would enable the Member States to set higher standards and leave flexibility for the Member States to take into account country-specific situations. In particular, the proposed Directive foresees, inter alia, to criminalise certain forms of violence that disproportionately affect women and that are not sufficiently addressed at national level and fall within the Union’s remit, based on existing legal bases.
Against this background of the original proposal, the LIBE and FEMM Committees are proposing to insert a new Article 6d which would specifically criminalise sexual harassment at work: “Member States shall ensure that intentionally engaging at work or in the context of access to employment, self-employment, vocational training or promotion, in serious unwanted conduct of a sexual nature, with the purpose or effect of violating the dignity of another person, is punishable as a criminal offence.”
This seems to be inspired by the so-called “gender equality directives” (Directive 2004/113/EC and Directive 2006/54/EC). Those directives define sexual harassment in similar terms that the one proposed by LIBE and FEMM Committees and prohibit it as discrimination.
The Commission did not propose criminalising sexual harassment at work, deeming, in Recital 4, that the proposed “Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive [...] and criminal conduct covered by other Union instruments [...]. Lastly certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as [...] sexual harassment [...]”. In point 2 of the explanatory memorandum to the proposed Directive, under “Legal basis”, it explains the choice of Article 83(1) TFEU as legal basis as follows: “The term ‘sexual exploitation’ in Article 83(1) TFEU can be understood as any actual or attempted abuse of a position of vulnerability, differential power or trust, including, but not limited to, profiting monetarily, socially or politically from a sexual act with another person. The exploitative element can refer to the achievement of power or domination over another person for the purpose of sexual gratification, financial gain and/or advancement.”
V – Analysis
The question, in essence, is whether the addition of new Article 6d requires an additional legal basis to the proposed Directive or whether it is not (i) already covered by Article 83(1) TFEU, and (ii) whether it is not merely incidental.
The scopes of the two legal bases in paragraphs 1 and 2 of Article 83 TFEU obviously differ. Paragraph 1 serves as the basis for criminal law measures in the areas expressly listed in its second subparagraph which contain, inter alia, sexual exploitation of women.
Article 83(2), on the other hand, enables criminalisation and sanctioning of other types of offences in order to ensure an efficient implementation of harmonised Union policies, also through criminal law.
Consequently, Article 83(1) TFEU seems to be the appropriate legal basis for criminal law measures that concern offences falling within its explicit scope. With regard to those measures, it is therefore not necessary to verify that the conditions laid down in Article 83(2) are fulfilled.
Sexual harassment in the world of work taken up in the suggested Article 6d, read in conjunction with the definition in Article 4, point (g), of the proposed Directive, is “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”. In order for the conduct to be punishable, it must be of sexual nature.
It follows from this that the conduct as proposed in Article 6d by the LIBE and FEMM Committees fits the definition of sexual exploitation in the Commission proposal, that is “any actual or attempted abuse of a position of vulnerability, differential power or trust, including, but not limited to, profiting monetarily, socially or politically from a sexual act with another person”.
The conduct in Article 6b would thus fall under the scope of Article 83(1) TFEU, one of the legal basis already chosen by the Commission for the proposed Directive.
It follows from the above that Article 83(2) TFEU should not be added as legal basis and that the examination of the second question, whether the component is merely incidental in relation to the main and predominant purpose, does not appear to be necessary.
VI – Conclusion and recommendation
At its meeting of 27 June 2023 the Committee on Legal Affairs accordingly decided, by 14 votes in favour, 4 against and no abstentions, to recommend to the Committee on Civil Liberties, Justice and Home Affair and the Committee on Women’s Rights and Gender Equality not to add Article 83(2) TFEU as a legal basis for the proposed Directive.
Yours sincerely,
Adrián Vázquez Lázara
OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS
for the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality
on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
(COM(2022)0105 – C90058/2022 – 2022/0066(COD))
Rapporteur for opinion (*): Rosa Estaràs Ferragut
(*) Associated committee – Rule 57 of the Rules of Procedure
AMENDMENTS
The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality, as the committees responsible, to take into account the following amendments:
Amendment 1
Proposal for a directive
Title 1
Amendment 2
Proposal for a directive
Recital 1
Amendment 3
Proposal for a directive
Recital 1 a (new)
Amendment 4
Proposal for a directive
Recital 1 b (new)
Amendment 5
Proposal for a directive
Recital 2
Amendment 6
Proposal for a directive
Recital 3
Amendment 7
Proposal for a directive
Recital 4
Amendment 8
Proposal for a directive
Recital 5
Amendment 9
Proposal for a directive
Recital 6
Amendment 10
Proposal for a directive
Recital 7
Amendment 11
Proposal for a directive
Recital 8
Amendment 12
Proposal for a directive
Recital 9
Amendment 13
Proposal for a directive
Recital 10
Amendment 14
Proposal for a directive
Recital 11
Amendment 15
Proposal for a directive
Recital 12
Amendment 16
Proposal for a directive
Recital 13
Amendment 17
Proposal for a directive
Recital 16 a (new)
Amendment 18
Proposal for a directive
Recital 17
Amendment 19
Proposal for a directive
Recital 19
Amendment 20
Proposal for a directive
Recital 20
Amendment 21
Proposal for a directive
Recital 21
Amendment 22
Proposal for a directive
Recital 22
Amendment 23
Proposal for a directive
Recital 24
Amendment 24
Proposal for a directive
Recital 25
Amendment 25
Proposal for a directive
Recital 26
Amendment 26
Proposal for a directive
Recital 27
Amendment 27
Proposal for a directive
Recital 28
Amendment 28
Proposal for a directive
Recital 29
Amendment 29
Proposal for a directive
Recital 32
Amendment 30
Proposal for a directive
Recital 33
Amendment 31
Proposal for a directive
Recital 38
Amendment 32
Proposal for a directive
Recital 39
Amendment 33
Proposal for a directive
Recital 44
Amendment 34
Proposal for a directive
Recital 45
Amendment 35
Proposal for a directive
Recital 46
Amendment 36
Proposal for a directive
Recital 47
Amendment 37
Proposal for a directive
Recital 48
Amendment 38
Proposal for a directive
Recital 49
Amendment 39
Proposal for a directive
Recital 50
Amendment 40
Proposal for a directive
Recital 50 a (new)
Amendment 41
Proposal for a directive
Recital 51
Amendment 42
Proposal for a directive
Recital 51 a (new)
Amendment 43
Proposal for a directive
Recital 51 b (new)
Amendment 44
Proposal for a directive
Recital 51 c (new)
Amendment 45
Proposal for a directive
Recital 51 d (new)
Amendment 46
Proposal for a directive
Recital 51 e (new)
Amendment 47
Proposal for a directive
Recital 51 f (new)
Amendment 48
Proposal for a directive
Recital 51 g (new)
Amendment 49
Proposal for a directive
Recital 51 h (new)
Amendment 50
Proposal for a directive
Recital 51 i (new)
Amendment 51
Proposal for a directive
Recital 52
Amendment 52
Proposal for a directive
Recital 53
Amendment 53
Proposal for a directive
Recital 56
Amendment 54
Proposal for a directive
Recital 57
Amendment 55
Proposal for a directive
Recital 58
Amendment 56
Proposal for a directive
Recital 59
Amendment 57
Proposal for a directive
Recital 60
Amendment 58
Proposal for a directive
Recital 60 a (new)
Amendment 59
Proposal for a directive
Recital 60 b (new)
Amendment 60
Proposal for a directive
Recital 61
Amendment 61
Proposal for a directive
Recital 62
Amendment 62
Proposal for a directive
Recital 64
Amendment 63
Proposal for a directive
Recital 65
Amendment 64
Proposal for a directive
Recital 68
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point b
Amendment 67
Proposal for a directive
Article 1 – paragraph 1 – point c
Amendment 68
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Amendment 69
Proposal for a directive
Article 2 – paragraph 1
Amendment 70
Proposal for a directive
Article 3 – paragraph 1 – point b
Amendment 71
Proposal for a directive
Article 3 – paragraph 1 – point c
Amendment 72
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Amendment 73
Proposal for a directive
Article 4 – paragraph 1 – point b
Amendment 74
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
Amendment 75
Proposal for a directive
Article 4 – paragraph 1 – point g
Amendment 76
Proposal for a directive
Article 5 – paragraph 2
Amendment 77
Proposal for a directive
Article 5 – paragraph 3
Amendment 78
Proposal for a directive
Article 6 a (new)
Amendment 79
Proposal for a directive
Article 7 – paragraph 1 – point a
Amendment 80
Proposal for a directive
Article 7 – paragraph 1 – point b
Amendment 81
Proposal for a directive
Article 8 – paragraph 1 – point a
Amendment 82
Proposal for a directive
Article 8 – paragraph 1 – point b
Amendment 83
Proposal for a directive
Article 8 – paragraph 1 – point c
Amendment 84
Proposal for a directive
Article 9 – paragraph 1 – point a
Amendment 85
Proposal for a directive
Article 10 – paragraph 1
Amendment 86
Proposal for a directive
Article 12 – paragraph 4
Amendment 87
Proposal for a directive
Article 13 – paragraph 1 – point a
Amendment 88
Proposal for a directive
Article 13 – paragraph 1 – point b
Amendment 89
Proposal for a directive
Article 13 – paragraph 1 – point b a (new)
Amendment 90
Proposal for a directive
Article 13 – paragraph 1 – point d
Amendment 91
Proposal for a directive
Article 13 – paragraph 1 – point m
Amendment 92
Proposal for a directive
Article 15 – paragraph 3
Amendment 93
Proposal for a directive
Article 16 – title
Amendment 94
Proposal for a directive
Article 16 – paragraph 1
Amendment 95
Proposal for a directive
Article 16 – paragraph 2
Amendment 96
Proposal for a directive
Article 16 – paragraph 4
Amendment 97
Proposal for a directive
Article 16 – paragraph 5
Amendment 98
Proposal for a directive
Article 16 – paragraph 5 a (new)
Amendment 99
Proposal for a directive
Article 17 – paragraph 1
Amendment 100
Proposal for a directive
Article 17 – paragraph 2
Amendment 101
Proposal for a directive
Article 17 – paragraph 3
Amendment 102
Proposal for a directive
Article 18 – paragraph 4
Amendment 103
Proposal for a directive
Article 18 – paragraph 6
Amendment 104
Proposal for a directive
Article 18 – paragraph 7
Amendment 105
Proposal for a directive
Article 20 – paragraph 1
Amendment 106
Proposal for a directive
Article 21 – paragraph 1
Amendment 107
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Amendment 108
Proposal for a directive
Article 23 – paragraph 1 – point a a (new)
Amendment 109
Proposal for a directive
Article 23 – paragraph 1 – point c
Amendment 110
Proposal for a directive
Article 23 – paragraph 1 – point e
Amendment 111
Proposal for a directive
Article 23 – paragraph 1 – point f
Amendment 112
Proposal for a directive
Article 23 – paragraph 1 – point g
Amendment 113
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Amendment 114
Proposal for a directive
Article 24 – paragraph 2
Amendment 115
Proposal for a directive
Article 26 – paragraph 1
Amendment 116
Proposal for a directive
Article 26 – paragraph 4
Amendment 117
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Amendment 118
Proposal for a directive
Article 27 – paragraph 1 – point a
Amendment 119
Proposal for a directive
Article 27 – paragraph 2
Amendment 120
Proposal for a directive
Article 27 – paragraph 3
Amendment 121
Proposal for a directive
Article 27 – paragraph 4
Amendment 122
Proposal for a directive
Article 27 – paragraph 5
Amendment 123
Proposal for a directive
Article 27 – paragraph 6
Amendment 124
Proposal for a directive
Article 28 – paragraph 1
Amendment 125
Proposal for a directive
Article 29 a (new)
Amendment 126
Proposal for a directive
Article 30 – title
Amendment 127
Proposal for a directive
Article 30 – paragraph 1
Amendment 128
Proposal for a directive
Article 30 a (new)
Amendment 129
Proposal for a directive
Article 30 b (new)
Amendment 130
Proposal for a directive
Article 30 c (new)
Amendment 131
Proposal for a directive
Article 31 – paragraph 1
Amendment 132
Proposal for a directive
Article 31 – paragraph 4
Amendment 133
Proposal for a directive
Article 32 – paragraph 2
Amendment 134
Proposal for a directive
Article 33 – paragraph 1
Amendment 135
Proposal for a directive
Article 34 – paragraph 1
Amendment 136
Proposal for a directive
Article 35 – paragraph 1
Amendment 137
Proposal for a directive
Article 35 – paragraph 2
Amendment 138
Proposal for a directive
Article 35 – paragraph 3
Amendment 139
Proposal for a directive
Article 35 – paragraph 4
Amendment 140
Proposal for a directive
Article 36 – paragraph 1
Amendment 141
Proposal for a directive
Article 36 – paragraph 2
Amendment 142
Proposal for a directive
Article 36 – paragraph 3
Amendment 143
Proposal for a directive
Article 36 – paragraph 4
Amendment 144
Proposal for a directive
Article 36 – paragraph 5
Amendment 145
Proposal for a directive
Article 36 – paragraph 6
Amendment 146
Proposal for a directive
Article 36 – paragraph 8
Amendment 147
Proposal for a directive
Article 36 a (new)
Amendment 148
Proposal for a directive
Article 37 – paragraph 1
Amendment 149
Proposal for a directive
Article 37 – paragraph 2
Amendment 150
Proposal for a directive
Article 37 – paragraph 3
Amendment 151
Proposal for a directive
Article 37 – paragraph 4
Amendment 152
Proposal for a directive
Article 37 – paragraph 6
Amendment 153
Proposal for a directive
Article 37 – paragraph 7
Amendment 154
Proposal for a directive
Article 38 – title
Amendment 155
Proposal for a directive
Article 38 – paragraph 1
Amendment 156
Proposal for a directive
Article 38 – paragraph 2
Amendment 157
Proposal for a directive
Article 39 – paragraph 1
Amendment 158
Proposal for a directive
Article 40 – paragraph 1
Amendment 159
Proposal for a directive
Article 41 – paragraph 1
Amendment 160
Proposal for a directive
Article 43 – paragraph 1 – point c
Amendment 161
Proposal for a directive
Article 44 – paragraph 1
Amendment 162
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Amendment 163
Proposal for a directive
Article 44 – paragraph 2 – point a
Amendment 164
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Amendment 165
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2 a (new)
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
2.3.2023
OPINION OF THE COMMITTEE ON BUDGETS
for the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Women’s Rights and Gender Equality
on the proposal for a directive of the European Parliament and of the Council combating violence against women and domestic violence
(COM(2022)0105 – C90058/2022 – 2022/0066(COD))
Rapporteur for opinion: Alexandra Geese
SHORT JUSTIFICATION
The European Institute of Gender Equality estimates the costs of gender-based violence against women in the EU at € 290 billion for the year 2019. They include, for example, the costs of lost economic output due to gender-based violence, health services, criminal and civil justice systems, social welfare and personal costs. That is why the Directive of the European Parliament and of the Council on combating violence against women and domestic violence has a great impact on the budgets of the EU and its Member States. This draft opinion for the Committee on Budgets focuses in particular on the financing of victim support and of the relevant EU agencies as well as on reporting and data collection.
The Rapporteur welcomes the Commission proposal, which aims at improving current EU legal instruments for combating gender-based violence, strengthening the rights of victims (protection, access to justice, support, prevention and coordination and cooperation) and aligning EU law with international standards (e.g. “Istanbul Convention”).
To guarantee specialised support for victims of all forms of gender-based violence, the Rapporteur proposes that all services should comply with at least the minimum standards for support services stemming from international obligations and in particular the “Istanbul Convention” (including minimum standards for shelters, counselling, rape crisis and sexual violence referral centres as well as helplines). National authorities, public organisations and non-governmental organisations, which address different target groups and are connected with the region and the communities, should provide these services. As a decentralised support system with a broad range of support services can meet individual needs of victims in a more targeted and effective manner. Due to an increase of cyber violence, the Rapporteur also suggests additional victim support measures specifically for combating cyber violence which would be provided in particular by non-governmental organisations.
In order to support these measures, the EU should provide sufficient financial and human resources for victim support and prevention programmes and should specifically budget resources for the implementation of the Directive under the next Multiannual Financial Framework.
To ensure the best possible victim support and prevention of gender-based violence, it is important to collect the relevant data to determine the exact demand and supply of victim support and prevention measures. Based on this database, the EU and the Member States should determine the financial resources for victim support and prevention of gender-based violence for their future budgets. Therefore, the Rapporteur recommends that the Member States should collect detailed data in the context of gender-based violence and support measures. The Commission (Eurostat and the European Institute of Gender Equality) should coordinate the collection of data in the Member States in a standardised and machine-readable format based on guidance published by the Commission.
Finally, the Rapporteur suggest that the relevant agencies (the European Institute of Gender Equality and Eurostat) should be provided with the necessary human and financial resources to execute these additional tasks and responsibilities.
AMENDMENTS
The Committee on Budgets calls on the Committee on Civil Liberties, Justice and Home Affairs and on the Committee on Women’s Rights and Gender Equality, as the committees responsible, to take into account the following amendments:
Amendment 1
Proposal for a directive
Recital 11
Amendment 2
Proposal for a directive
Recital 17
Amendment 3
Proposal for a directive
Recital 19
Amendment 4
Proposal for a directive
Recital 21
Amendment 5
Proposal for a directive
Recital 30
Amendment 6
Proposal for a directive
Recital 46
Amendment 7
Proposal for a directive
Recital 47
Amendment 8
Proposal for a directive
Recital 47 a (new)
Amendment 9
Proposal for a directive
Recital 47 b (new)
Amendment 10
Proposal for a directive
Recital 60
Amendment 11
Proposal for a directive
Recital 61
Amendment 12
Proposal for a directive
Recital 63
Amendment 13
Proposal for a directive
Recital 63 a (new)
Amendment 14
Proposal for a directive
Recital 64
Amendment 15
Proposal for a directive
Recital 64 a (new)
Amendment 16
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point b
Amendment 18
Proposal for a directive
Article 4 – paragraph 1 – point a
Amendment 19
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Amendment 20
Proposal for a directive
Article 27 – paragraph 1 – point a
Amendment 21
Proposal for a directive
Article 27 – paragraph 1 – point b
Amendment 22
Proposal for a directive
Article 27 – paragraph 1 – point c
Amendment 23
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Amendment 24
Proposal for a directive
Article 27 – paragraph 2
Amendment 25
Proposal for a directive
Article 27 – paragraph 3
Amendment 26
Proposal for a directive
Article 27 – paragraph 4
Amendment 27
Proposal for a directive
Article 27 – paragraph 5
Amendment 28
Proposal for a directive
Article 27 – paragraph 6
Amendment 29
Proposal for a directive
Article 27 – paragraph 6 a (new)
Amendment 30
Proposal for a directive
Article 27 – paragraph 7
Amendment 31
Proposal for a directive
Article 28 – paragraph 1
Amendment 32
Proposal for a directive
Article 28 – paragraph 1 a (new)
Amendment 33
Proposal for a directive
Article 28 – paragraph 3
Amendment 34
Proposal for a directive
Article 31 – paragraph 1
Amendment 35
Proposal for a directive
Article 32 – paragraph 4 a (new)
Amendment 36
Proposal for a directive
Article 33 – paragraph -1 (new)
Amendment 37
Proposal for a directive
Article 36 – paragraph 2
Amendment 38
Proposal for a directive
Article 36 – paragraph 8
Amendment 39
Proposal for a directive
Article 37 – paragraph 1
Amendment 40
Proposal for a directive
Article 37 – paragraph 6
Amendment 41
Proposal for a directive
Article 37 – paragraph 8 a (new)
Amendment 42
Proposal for a directive
Article 39 – paragraph 3
Amendment 43
Proposal for a directive
Article 41 – paragraph 1
Amendment 44
Proposal for a directive
Article 43 – paragraph 1 – point b
Amendment 45
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Amendment 46
Proposal for a directive
Article 44 – paragraph 2 – point b
Amendment 47
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Amendment 48
Proposal for a directive
Article 44 – paragraph 2 – point b b (new)
Amendment 49
Proposal for a directive
Article 44 – paragraph 2 – point b c (new)
Amendment 50
Proposal for a directive
Article 44 – paragraph 2 – point b d (new)
Amendment 51
Proposal for a directive
Article 44 – paragraph 2 – point b e (new)
Amendment 52
Proposal for a directive
Article 44 – paragraph 4
Amendment 53
Proposal for a directive
Article 44 – paragraph 5
Amendment 54
Proposal for a directive
Article 44 – paragraph 6
Amendment 55
Proposal for a directive
Article 44 a (new)
Amendment 56
Proposal for a directive
Article 47 – paragraph 1
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
28.3.2023
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS
for the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality
on the proposal for a directive of the European Parliament and of the Council Combating violence against women and domestic violence
(COM(2022)0105 – C90058/2022 – 2022/0066(COD))
Rapporteur for opinion: Aubry Manon
SHORT JUSTIFICATION
Violence against women and domestic violence are human rights violations and severe forms of discrimination. Violence against women and domestic violence are pervasive throughout the EU where an estimated 1 in 3 women has suffered from physical or sexual harm. Combating them is necessary to protect the core values of the European Union and fundamental rights as embedded in the EU Charter on Fundamental Rights.
The protection of victims’ rights prior and during judicial proceedings is essential to combat violence against women and domestic violence.
Against this background, the proposal of the European Commission, the first ever-proposed EU Directive to combat violence against women and domestic violence, provides a wide range of crucial measures to combat violence at all stages, from prevention to prosecution.
Nevertheless, some improvements to the Commission’s proposal could be implemented in order to strengthen the scope of the Directive.
Some of these include:
- Adding gender-based violence to the list of areas of crime under Article 83 (1) TFEU.
- The need for sufficient funding by Member States to set-up the necessary amounts of shelters in states and including women-only shelters for the protection and well-being of victims and children.
- Initial and continuing training of police and law enforcement officers on preventing and responding to violence in a gender-sensitive manner to prevent secondary victimization.
- Specialized and publicly funded support services for the victims, such as health, social services, police and justice and economic.
- Online and telephone helplines for victims to be accessible and available round-the-clock [24/7].
AMENDMENTS
The Committee on Legal Affairs calls on the Committee on Women's Rights and Gender Equality, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a directive
Recital 1 a (new)
Amendment 2
Proposal for a directive
Recital 4
Amendment 3
Proposal for a directive
Recital 4 a (new)
Amendment 4
Proposal for a directive
Recital 6
Amendment 5
Proposal for a directive
Recital 7
Amendment 6
Proposal for a directive
Recital 8
Amendment 7
Proposal for a directive
Recital 9
Amendment 8
Proposal for a directive
Recital 10
Amendment 9
Proposal for a directive
Recital 11
Amendment 10
Proposal for a directive
Recital 11 a (new)
Amendment 11
Proposal for a directive
Recital 24
Amendment 12
Proposal for a directive
Recital 25
Amendment 13
Proposal for a directive
Recital 26
Amendment 14
Proposal for a directive
Recital 27
Amendment 15
Proposal for a directive
Recital 27 a (new)
Amendment 16
Proposal for a directive
Recital 28
Amendment 17
Proposal for a directive
Recital 29
Amendment 18
Proposal for a directive
Recital 45
Amendment 19
Proposal for a directive
Recital 47
Amendment 20
Proposal for a directive
Recital 48
Amendment 21
Proposal for a directive
Recital 50
Amendment 22
Proposal for a directive
Recital 52
Amendment 23
Proposal for a directive
Recital 53
Amendment 24
Proposal for a directive
Recital 54
Amendment 25
Proposal for a directive
Recital 55
Amendment 26
Proposal for a directive
Recital 56
Amendment 27
Proposal for a directive
Recital 57 a (new)
Amendment 28
Proposal for a directive
Recital 58
Amendment 29
Proposal for a directive
Recital 60
Amendment 30
Proposal for a directive
Recital 60 a (new)
Amendment 31
Proposal for a directive
Recital 61
Amendment 32
Proposal for a directive
Recital 62
Amendment 33
Proposal for a directive
Recital 65
Amendment 34
Proposal for a directive
Article 2 – paragraph 1
Amendment 35
Proposal for a directive
Article 2 – paragraph 1 a (new)
Amendment 36
Proposal for a directive
Article 2 – paragraph 2
Amendment 37
Proposal for a directive
Article 3 – paragraph 1 a (new)
Amendment 38
Proposal for a directive
Article 3 – paragraph 1 b (new)
Amendment 39
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Amendment 40
Proposal for a directive
Article 4 – paragraph 1 – point c
Amendment 41
Proposal for a directive
Article 4 – paragraph 1 – point j
Amendment 42
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
Amendment 43
Proposal for a directive
Article 4 – paragraph 1 – point j b (new)
Amendment 44
Proposal for a directive
Article 4 – paragraph 1 – point j c (new)
Amendment 45
Proposal for a directive
Article 5 – paragraph 2
Amendment 46
Proposal for a directive
Article 5 – paragraph 2
Amendment 47
Proposal for a directive
Article 13 – paragraph 1 – point b
Amendment 48
Proposal for a directive
Article 13 – paragraph 1 – point l a (new)
Amendment 49
Proposal for a directive
Article 13 – paragraph 1 – point m
Amendment 50
Proposal for a directive
Article 16 – paragraph 1
Amendment 51
Proposal for a directive
Article 16 – paragraph 2
Amendment 52
Proposal for a directive
Article 16 – paragraph 3
Amendment 53
Proposal for a directive
Article 16 – paragraph 4
Amendment 54
Proposal for a directive
Article 16 – paragraph 4 a (new)
Amendment 55
Proposal for a directive
Article 16 – paragraph 5
Amendment 56
Proposal for a directive
Article 17 – paragraph 1
Amendment 57
Proposal for a directive
Article 17 – paragraph 4
Amendment 58
Proposal for a directive
Article 18 – paragraph 2
Amendment 59
Proposal for a directive
Article 18 – paragraph 3
Amendment 60
Proposal for a directive
Article 18 – paragraph 4
Amendment 61
Proposal for a directive
Article 18 – paragraph 6
Amendment 62
Proposal for a directive
Article 20 – paragraph 3
Amendment 63
Proposal for a directive
Article 21 – paragraph 1
Amendment 64
Proposal for a directive
Article 21 – paragraph 1 a (new)
Amendment 65
Proposal for a directive
Article 21 – paragraph 1 b (new)
Amendment 66
Proposal for a directive
Article 21 – paragraph 2
Amendment 67
Proposal for a directive
Article 21 – paragraph 3 a (new)
Amendment 68
Proposal for a directive
Article 22 – paragraph 1
Amendment 69
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Amendment 70
Proposal for a directive
Article 23 – paragraph 1 – point c
Amendment 71
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Amendment 72
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point b
Amendment 73
Proposal for a directive
Article 26 – paragraph 1
Amendment 74
Proposal for a directive
Article 26 a (new)
Amendment 75
Proposal for a directive
Article 26 b (new)
Amendment 76
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Amendment 77
Proposal for a directive
Article 27 – paragraph 1 – point a
Amendment 78
Proposal for a directive
Article 27 – paragraph 1 – point b
Amendment 79
Proposal for a directive
Article 27 – paragraph 1 – point c
Amendment 80
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Amendment 81
Proposal for a directive
Article 27 – paragraph 3
Amendment 82
Proposal for a directive
Article 27 – paragraph 5
Amendment 83
Proposal for a directive
Article 27 – paragraph 7
Amendment 84
Proposal for a directive
Article 28 – paragraph 1
Amendment 85
Proposal for a directive
Article 28 – paragraph 2
Amendment 86
Proposal for a directive
Article 28 – paragraph 4
Amendment 87
Proposal for a directive
Article 29 – paragraph 2
Amendment 88
Proposal for a directive
Article 29 – paragraph 3
Amendment 89
Proposal for a directive
Article 30 – paragraph 1
Amendment 90
Proposal for a directive
Article 31 – paragraph 1
Amendment 91
Proposal for a directive
Article 31 – paragraph 2
Amendment 92
Proposal for a directive
Article 31 – paragraph 3 a (new)
Amendment 93
Proposal for a directive
Article 31 – paragraph 3 b (new)
Amendment 94
Proposal for a directive
Article 31 – paragraph 4
Amendment 95
Proposal for a directive
Article 32 – paragraph 1
Amendment 96
Proposal for a directive
Article 32 – paragraph 3
Amendment 97
Proposal for a directive
Article 32 – paragraph 4 a (new)
Amendment 98
Proposal for a directive
Article 33 – paragraph 1
Amendment 99
Proposal for a directive
Article 33 – paragraph 2
Amendment 100
Proposal for a directive
Article 33 – paragraph 3
Amendment 101
Proposal for a directive
Article 33 – paragraph 3 a (new)
Amendment 102
Proposal for a directive
Article 34 – paragraph 1
Amendment 103
Proposal for a directive
Article 35 – paragraph 1
Amendment 104
Proposal for a directive
Article 35 – paragraph 1
Amendment 105
Proposal for a directive
Article 36 – paragraph 1
Amendment 106
Proposal for a directive
Article 36 – paragraph 2
Amendment 107
Proposal for a directive
Article 36 – paragraph 3
Amendment 108
Proposal for a directive
Article 36 – paragraph 4
Amendment 109
Proposal for a directive
Article 36 – paragraph 4 a (new)
Amendment 110
Proposal for a directive
Article 36 – paragraph 5
Amendment 111
Proposal for a directive
Article 36 – paragraph 7
Amendment 112
Proposal for a directive
Article 36 – paragraph 8
Amendment 113
Proposal for a directive
Article 37 – paragraph 1
Amendment 114
Proposal for a directive
Article 37 – paragraph 2
Amendment 115
Proposal for a directive
Article 37 – paragraph 6
Amendment 116
Proposal for a directive
Article 37 – paragraph 7
Amendment 117
Proposal for a directive
Article 41 – paragraph 1
Amendment 118
Proposal for a directive
Article 41 – paragraph 1
Amendment 119
Proposal for a directive
Article 42 – paragraph 1
Amendment 120
Proposal for a directive
Article 43 – paragraph 1 – point a
Amendment 121
Proposal for a directive
Article 43 – paragraph 1 – point c
Amendment 122
Proposal for a directive
Article 44 – paragraph 1
Amendment 123
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Amendment 124
Proposal for a directive
Article 46 – paragraph 1
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE