Allister tells Brussels, 'Hands off criminal law!'
09 February 2007
MEP Jim Allister has declared his forthright opposition to a proposal from Brussels today that the EU, instead of the member states, should determine what is a criminal offence in the environmental field and what should be the penalty for such offences. Believing strongly in the protection of national sovereignty the Ulster Euro MP and QC described the proposal as “the latest wheeze by Brussels to ever extend its powers at the expense of national control. Of course, environmental crime must be tackled but it is for member states not the unelected Commission to determine offences and penalties.”
In the course of his statement Mr Allister said:-
“The European Commission is ready to move into national governments' criminal law, proposing to harmonise what constitutes serious environmental crimes and what the minimum level of penalties should be across the EU.
The proposal emerges in a draft paper introduced today by the Commission.
Brussels lists nine sets of offences, such as unlawful treatment of waste or unlawful possession of protected wild plants and animals, that should be considered criminal throughout Europe, with possible punishment ranging from one to ten years' imprisonment.
It is the second time in the EU's legal history that Brussels proposes that national governments will no longer have the full sovereign right to decide what constitutes a crime and what the punishment should be.
The first precedent dates back to May 2006 when common rules on counterfeiting were tabled by Brussels' executive body.
Brussels' move into criminal matters was triggered by a landmark ruling on environmental crimes by the European Court of Justice in September 2005, which gave Brussels power to introduce harmonized criminal laws across the EU.
The court stated that it is up to the Commission to decide on penal measures in order to make community legislation effective.
Believing that it is the exclusive preserve of national governments and parliaments to direct and determine their own criminal law and penalties, I would vigorously oppose any intrusion into criminal law by the Commission. Criminal sanctions should be a national matter only.”
