The Power of the European Community to Impose Criminal Penalties

This article analyses the judgement delivered by the European Court of Justice on 13 September 2005 establishing that the European Community has the power to require the Member States to impose criminal penalties for the purpose of protecting the environment, and discusses its benefits in the light of the need to ensure the effective and efficient implementation of other Community policies and the freedom of movement of persons, goods, services and capital. In particular, the consequences of the judgement for acts adopted and proposals pending will be considered. Attention is also paid to the costs for national sovereignty and to relevant changes introduced in the Constitutional Treaty.