CRIMINAL LAW COMPETENCE OF THE EUROPEAN
COMMUNITY (15444/05)
Letter from the Chairman to Fiona Mactaggart
MP, Parliamentary Under Secretary of State, Home Office
The Commission's Communication was examined
by Sub-Committee E (Law and Institutions) at its meeting on 1
February. We note that the Court of Justice has confirmed that,
as a general rule, criminal law and criminal procedures are matters
which do not fall within the scope of the EC Treaty. However,
both the judgment and the Commission's subsequent Communication
raise issues of concern as identified in your helpful Explanatory
Memorandum.
We agree with the Government's cautious approach
in this matter, and in particular your response to the Commission's
proposed "quick and easy solution". At the very least
it seems necessary to examine the aims and objectives of each
of the legislative instruments listed in the annex to the Communication
in order to see whether the imposition of criminal laws and/or
sanctions by the Community is essential in order to achieve the
aims and objectives of the particular proposal. Certainly not
all of the listed Framework Decisions include the sort of recitals
contained in the Framework Decision on the protection of the environment
and to which the Court appeared to give some weight.
Thank you for your assurance that you will keep
the Committee informed of developments. The Committee decided
to clear the document from scrutiny.
2 February 2006
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