[autom.vertaling] Leden van het Europese Parlement welkome Court' s oriëntatiepunt dat over misdadige maatregelen beslist (en)

The Legal Affairs Committee welcomed on Thursday the ruling from the Court of Justice which confirms that the EU can adopt measures relating to the criminal law under the Community method. However, MEPs urged the Commission not to automatically extend the conclusions of the Court to every field of Community competence.

On 13 September 2005, the European Court of Justice established that, although as a general rule the Community does not have competence in criminal matters, the Community can adopt measures related to the criminal law when these are essential to combat serious environmental offences. Subsequently, the Commission proposed to extend the conclusions of the Court to other areas of Community competence. In a nutshell, the Commission says that criminal provision essential to "for the effective implementation of Community law" should be adopted according to the Community procedure, and not under the intergovernmental method, which would continue to be used for cross-cutting criminal law provisions, such as cooperation between legal systems and measures relating to the area of freedom, security and justice.

In approving a report drawn up by Giuseppe Gargani (EPP-ED, IT), MEPs in the Legal Affairs Committee welcomed the Court's ruling.  They agree with " the Commission's view that any recourse to measures relating to criminal law must be motivated by the need to give effect to the Community policy in question ", while recalling that " as a general principle, it is the Member States which are responsible for the due application of Community law. "

MEPs in the committee urged the Commission not to automatically extend the conclusions of the Court to every field of Community competence. They did, however, back the Commission's decision to withdraw or amend, on a case-by-case basis, pending legislative proposals whose legal basis could be incorrect in the light of the Court ruling.

The report was adopted with 14 votes in favour, 7 against and 1 abstention.

04/05/2006

Committee on Legal Affairs

Chair : Giuseppe Gargani (EPP-ED, IT)

Procedure: Own Initiative

Vote in plenary: May I