Unelected EU Commission gains powers to criminalise all
Court of Justice strengthens democracy and efficiency in European Community lawmaking
In a landmark ruling today, the European Court of Justice in Luxembourg decided that the competences of the European Community to protect the environment also include the power to require Member States to ensure such protection through criminal sanctions for serious offences. The Court annulled a Council Framework Decision adopted in 2003, reserving this competence to an intergovernmental decision under the “third pillar”. The Court thereby supported the position of the Commission. The judgement concerns a particular environmental legislation, but it sets an important precedent for Community law in general.
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