Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-30-Speech-3-205"
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"en.20051130.18.3-205"2
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"Mr President, on 13 September 2005, the so-called European Court of Justice made a ruling that gave the European Commission the right to impose criminal sanctions on the citizens of Member States. For the first time since King Henry VIII ended the jurisdiction of the Pope in ecclesiastical matters in England, a power other than the British Parliament will have the right to create laws and set the penalties for transgression. The European Court of Justice is not a court of justice, it is an engine of political integration for the European Union. This particular ruling applied only to environmental law, but it has left the way wide open for the Commission to apply it to other areas.
The Commission has ruthlessly exploited the decision of the court in order to publish a list of nine new areas of competence, which gives it the right to create new laws and impose criminal penalties. It has also stated its intention to extend its power to create further criminal offences. When this case first went to the court, 11 of the then 15 Member States opposed it; the court ignored them. A Commission lawyer has stated that it could compel the British Government – and the British Parliament – to punish its citizens for something that was not a criminal offence in Britain. If a British government were to refuse to implement these criminal offences, then it could be taken to the European Court of Justice, which would compel it to do so. The court would then act as judge and jury in its own case. So much for the separation of powers of the executive, legislative and judiciary that has protected English freedoms for centuries!
The decision by the so-called European Court of Justice is nothing less than a judicial
. The Court has seized power from the Member States and handed it to the Commission."@en1
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