[A2k] FW: [LACA] Item on criminal penalties as mentioned at today's LACA meeting

[Andrea Glorioso]

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Dear all,

I wonder if anyone more competent than me in EU law has any comment on
how this recent ECJ judgement would impact on IPRED2.

It seems to me that the ECJ is stating that the European Community
cannot go into too much details on the type of criminal sanctions to
be imposed by Member States, but not that it cannot require Member
States to introduce some kind of criminal sanctions.

Best,

Andrea

>>>>> "Barbara" == Barbara Stratton <barbara.stratton@cilip.org.uk> writes:

    >> From European Voice, 25th October 2007
    >> http://www.europeanvoice.com/

    > Ruling curbs Commission ambitions on criminal law

    > By Judith Crosbie

    > European Commission proposals to set criminal penalties for
    > breaching EU laws have been thrown into doubt by a judgement of
    > the European Court of Justice (ECJ).

    > Member states are expected to use the ruling on Tuesday (30
    > October) to challenge a proposal that would criminalise
    > employers for hiring illegal workers.  Further challenges are
    > expected on proposals setting criminal penalties for product
    > piracy and environmental damage.  The ECJ, in a ruling issued
    > this week (23 October), supported the Commission's challenge to
    > a Council of Ministers agreement on strengthening criminal
    > penalties for pollution from ships. The Commission had argued
    > that the EU law should not have been decided by the member
    > states agreeing among themselves but on a proposal from the
    > Commission, with the participation of the European
    > Parliament. The judges agreed, but they added a caveat that the
    > European Community was "not competent, at the present time, to
    > lay down binding rules on the type and level of criminal penalty
    > which the member states must provide for in their national law".
    > It is this aspect of the ruling which will strengthen the
    > position of those member states which are opposed to the
    > Commission's attempts to lay down minimum penalties.





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      Andrea Glorioso || http://people.digitalpolicy.it/sama/cv/
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