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European criminal law by the back door

A Commission operation will make European criminal law unstoppable.

A recent European Court of Justice judgment (C-176/03) opens the possibility for the European Commission and Parliament to make directives containing criminal measures together, without the member states having a veto. The Commission can only make directives with criminal measures together with the European Parliament if both the objective of the Community and the measures are essential.

After case C 176/03 the Commission retracted pending framework decisions (member states have a veto), stating that this route is no longer available. This is nonsense, as IPRED 2 shows. The IPRED 2 measures are not essential, IPRED 2 should never have become a codecision directive (member states do not have a veto).

But there is more. "As a result of the Court´s judgment the framework decisions in annex are entirely or partly incorrect, since all or some of their provisions were adopted on the wrong legal basis." [1]

This remains to be seen.

If these framework decisions are "repaired", while the measures are not essential, precedents are created. The Commission can say: we solved this with a codecision directive, so this needs a codecision directive too.

A door opened a bit by the ECJ, is kicked open by the Commission.

It was already highly questionable that a Community institution (ECJ) gave the Community the right to make criminal laws, the member states never gave it to the Community. The Commission contemplates a further assault on the sovereignty of the member states.

Every proposal for "regularisation" has to be scrutinised.