Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-05-21-Speech-3-208"
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"en.20080521.20.3-208"2
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Importantly, the rapporteur has recognised that, pursuant to the Court of Justice judgment of 23 October 2007 in Case C-440/05, criminal law and the rules of criminal procedure do not fall within the Community competence and therefore the type and level of the criminal penalties to be applied cannot be determined. Amendments have therefore been made to the European Commission’s proposal for a directive which was not acceptable.
It is also important that the Commission and the Council have accepted these proposed amendments. However, despite this, they are insisting on the possibility of the Community legislator being able to require Member States to make provision for sanctions of this kind to ensure that the laws that they enact in the area of environmental protection are fully effective.
As the role of the Member States in the whole process has not been sufficiently clarified, we chose to abstain in the final vote."@en1
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