Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-30-Speech-3-198"
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"en.20051130.18.3-198"2
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".
Mr President, Commissioner, the judgment of the Court of Justice of 13 September 2005 finds that the Community has exclusive competence for the adoption of criminal penalties to ensure the effectiveness of Community law. It therefore allows the Union to reaffirm that the protection of its citizens is one of its fundamental principles. It also gives us an opportunity to put an end to a recurrent conflict between the European institutions by clarifying the distribution of competences between the first and third pillars.
The case before the Court of Justice concerned an environmental protection directive that carried criminal penalties and was the subject of the Di Lello report of the Committee on Civil Liberties, Justice and Home Affairs. We agree with the European Commission’s analysis. This judgment’s consequences go far beyond environmental protection and are likely to affect all Community policies and the fundamental freedoms recognised by the Treaty. Serious encroachments on citizens’ fundamental rights must incur effective, proportionate and dissuasive criminal penalties. That is what we want for the data retention directive, for example, because it will have a significant effect on the private lives of European citizens. One of the major consequences is therefore that the codecision procedure will apply in areas that were formerly the subject of unanimous voting with the European Parliament merely giving its opinion. The judgment gives the European Parliament a deciding role and this strengthening of democratic control is a step forward for democracy as a whole.
The Commission has identified a number of framework decisions adopted on an erroneous legal basis. The definition of such penalties should refer to Community provisions relating to the protection of fundamental rights. I will therefore end with a specific question to the Commissioner: does the Commission also plan to review the framework decision on racism and xenophobia in this way?"@en1
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