Friday

29th Mar 2024

EU court ruling boosts commission's powers

A landmark ruling by the EU's highest court has boosted the European Commission's powers by giving it the right to tell member states to impose criminal sanctions for offences against EU law.

Under the European Court of Justice's ruling on Tuesday (13 September), which was specific to environmental law, serious environment offences in the future may be deemed criminal offences.

Read and decide

Join EUobserver today

Get the EU news that really matters

Instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

  • The ruling represents a major extenstion of powers for the commission (Photo: OLAF)

However, the ruling is likely to have far wider implications.

"The court strengthens the possibilities to enforce the law, once member states have agreed on a European policy. This is a watershed decision", said commission president Jose Manuel Barroso reacting to the decision.

Commission legal expert Michel Petite said "the immediate effect of this [ruling] will be that it strengthens the effectiveness of community legislation, notably in the field of the environment".

He then added that the case raises a "point of principle" which may now "be applied in other areas of policy".

The other areas where the ruling's principle could be applied include the internal market, data protection, protection of intellectual property, counterfeiting and consumer policy.

The commission will not be able to dole punishments itself but Mr Petite admitted that for some breaches the EU executive "may want to say [punishment] has to be of a certain level".

An EU official said the decision was of "tremendous significance".

Member states over ruled

At the moment, national governments have no obligation to take breaches to EU environment law seriously - something which has deeply frustrated the commission, which prides itself on the high environmental standards it is trying to achieve for the bloc.

Now it will be able to make laws and have the clout to see that they are enforced.

The ruling has not been without a fight. Several member states, including Germany, France and the UK, opposed the commission in 2001 when it originally proposed that certain breaches of environment law be deemed criminal offences.

They felt the commission was overstepping the mark and straying into an area where it has no competence, but Tuesday's decision has overruled them.

Mindful of the hostile reaction likely in some member states, the commission insists that it does not want to create a community criminal code and says it shall only use such legislation for serious offences.

Alarming precedent

Reactions have been varied.

UK Liberal MEP Chris Davies said "This is very good news for Europe's environment and countries like Britain which have a good record in applying EU environment laws should be delighted".

However, Conservative MEP Timothy Kirkhope was critical of the precedent the decision is setting.

"It's a significant transfer of power to the commission, sanctioned by a court which tends towards the integrationist approach", he said.

"The decision on whether or not to criminalise offences in Britain should be a matter for Britain, not for the EU. We all support penalties against environmental vandals but this sets an alarming precedent", the member added.

EU Parliament set to sue EU Commission over Hungary funds

The European Parliament will likely take the European Commission to court for unblocking more than €10bn in funds for Hungary last December. A final nod of approval is still needed by European Parliament president, Roberta Metsola.

EU Commission clears Poland's access to up to €137bn EU funds

The European Commission has legally paved the way for Poland to access up to €137bn EU funds, following Donald Tusk's government's efforts to strengthen the independence of their judiciary and restore the rule of law in the country.

Opinion

Potential legal avenues to prosecute Navalny's killers

The UN could launch an independent international investigation into Navalny's killing, akin to investigation I conducted on Jamal Khashoggi's assassination, or on Navalny's Novichok poisoning, in my role as special rapporteur on extrajudicial executions, writes the secretary-general of Amnesty International.

Opinion

I'll be honest — Moldova's judicial system isn't fit for EU

To state a plain truth: at present, Moldova does not have a justice system worthy of a EU member state; it is riven with corruption and lax and inconsistent standards, despite previous attempts at reform, writes Moldova's former justice minister.

Latest News

  1. Kenyan traders react angrily to proposed EU clothes ban
  2. Lawyer suing Frontex takes aim at 'antagonistic' judges
  3. Orban's Fidesz faces low-polling jitters ahead of EU election
  4. German bank freezes account of Jewish peace group
  5. EU Modernisation Fund: an open door for fossil gas in Romania
  6. 'Swiftly dial back' interest rates, ECB told
  7. Moscow's terror attack, security and Gaza
  8. Why UK-EU defence and security deal may be difficult

Stakeholders' Highlights

  1. Nordic Council of MinistersJoin the Nordic Food Systems Takeover at COP28
  2. Nordic Council of MinistersHow women and men are affected differently by climate policy
  3. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  4. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  5. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  6. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?

Stakeholders' Highlights

  1. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  2. UNOPSFostering health system resilience in fragile and conflict-affected countries
  3. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  4. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  5. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  6. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA

Join EUobserver

EU news that matters

Join us