Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-307"
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"en.20060613.28.2-307"2
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"Mr President, the creation of a unified legal system based on common values and the principles of the primacy of Community law and close cooperation between the Member States and the European institutions is imperative in order to facilitate the proper functioning of the single internal market of the European Union.
All activities aimed at ensuring effective Community legislation based on the first pillar deserve our support. The first pillar is the only one that allows European legislation to be adopted while respecting democratic principles, and that ensures appropriate judicial control.
The European Court of Justice ruling of 13Â September is extremely important for the future development of Community law. The Court ruled that, in order to define clearly the legal basis of a document, a reference must be made to the aims and the content of the document itself. As a result, the Framework Decision on environmental protection was annulled due to the legal basis being misquoted as the third rather than the first pillar. In view of this ruling, current legislative proposals whose legal basis may be considered erroneous have to be withdrawn or modified. Furthermore, we must consider the possibility of starting a legislative procedure aimed at finding a new legal basis for legislative texts adopted under the third pillar which may now, in line with the ruling, be considered to have an erroneous basis.
However, the Court’s conclusions should not be automatically extended to include all fields covered by the first pillar. They should be applied to areas which are covered by the basic principles, aims and competences of the Community and specific cases should be investigated on an individual basis within the framework of close cooperation between the Commission, the Council and the European Parliament. The Member States are in principle responsible for the appropriate implementation of Community law. That is why the premise for including criminal law articles under the first pillar should be clear and defined
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