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Publishers Abstract:
The European Union's (EU) recent flurry of activity in the sphere of criminal law under the Third Pillar has been controversial. For example, the Framework Decision on the European Arrest Warrant has already been the subject of an unsuccessful challenge before the European Court of Justice, while national legislation implementing the Framework Decision has also been challenged before several domestic courts of last instance. This article has attempted to analyze the Court's judgments in Environmental Crimes and Ship Source Pollution and to highlight the challenges the Community legislature will face if and when it seeks to include criminal sanctions in European Court (EC) legislation. While there are recognized shortfalls with the current 'double text' situation, these flaws result from a deliberate decision by the Member States to only attribute criminal competence to the EU under the Third Pillar and not to the EC under the First Pillar.
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