Harmonisation of criminal law under the first pillar

Abstract:

In Commission v Council, the European Court of Justice annulled a framework decision on the protection of the environment through criminal law. The Court ruled that its contents could have been adopted under Art.175 EC. Although the Court had previously ruled on the nature of sanctions to be applied by the Member States, hitherto it had not ruled on the question of whether the harmonisation of criminal law, usually adopted by the European Union and not by the European Community, could fall within Community competence. This judgment raises a number of issues, in particular the extent to which the harmonisation of criminal law could occur in other Community policy areas following this judgment. The author discusses the possible impact of this judgment.