Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-14-Speech-3-132"
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"en.20060614.13.3-132"2
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"The European Court of Justice’s judgment of 13 September 2005 constitutes a veritable legal revolution in what is usually called the Community legal system. Indeed, this is the first time that the Court of Justice has pronounced on issues of competence in penal matters and that it has decided that, for the purpose of protecting the environment, the European Union can demand that the Member States provide for criminal sanctions in the case of serious offences. In principle, penal legislation, just like the rules of criminal procedure, falls within the strict competence of the Member States. Through this legal decision, a portion of the penal law of the Member States has just been brought within the competence of the Community and has been so without the formal agreement of the nations. This also amounts to a harmonisation of penal law that the ‘no’ vote delivered by the French and the Dutch in their referendums on the Constitution had implicitly rejected. There is worse to come, however. There is a risk of such jurisprudence being extended to all Community spheres and, in particular, to that concerning would-be fundamental rights. I am thinking of spheres such as the fight against supposed racism and discrimination of various kinds, data protection, the right to asylum or, indeed, policies on migration. This development is not conducive to our freedoms, and it is most worrying."@en1
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