Memo: Commission welcomes Court of Justice judgment recognising the exclusive competence of the Community to adopt criminal law measures to ensure the effectiveness of Community law

On 23 November 2005 the European Commission adopted a Communication setting out its interpretation of the judgment of 13 September 2005 by which the Court of Justice annulled a Framework Decision on the protection of the environment through criminal law. As requested by the Commission, the Court held that the Community had sole competence to take the criminal law measures needed to ensure the effectiveness of Community law. The scope of this judgment exceeded by far the field of the environment, taking in the whole range of Community policies and the fundamental freedoms recognised by the Treaty.

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