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Court Decision is a Blow to UK Sovereignty
Tuesday 13 September 2005
A European Court of Justice (ECJ) decision which effectively abolishes Britain's veto on environmental legislation could have far-reaching implications on the British criminal justice system, leader of the Conservatives in the European Parliament Timothy Kirkhope MEP said today.
Mr Kirkhope was commenting after the ECJ in Luxembourg ruled against the Council's right to decide unanimously, under the so-called EU "third pillar", whether certain environmental offences should be criminalised across the EU.
The Court ruled in favour of the Commission, which said that such decisions should be taken under the so-called "Community method" - that is, a co-decision procedure of approval by MEPs and a qualified majority in the Council.
This means the UK can no longer block a decision by other member states to impose criminal sanctions on certain offences against the environment throughout the EU.
Conservatives support high standards of environmental protection but believe criminal law issues to be the responsibility of member states.
The Commission hailed the ruling by the Court, claiming that "the judgement concerns a particular environmental legislation, but it sets an important precedent for Community law in general."
However, Mr Kirkhope said the Commission's enthusiasm was worrying because it could eventually result in other legislation being targeted for EU-wide criminalisation.
Mr Kirkhope said:
"This appears to be a worrying erosion of British sovereignty. Notwithstanding our support for environmental protection, this is a blow to Britain's ability to decide things for ourselves.
"I fear the Commission sees this as an opportunity to extend its powers and start interfering in the criminal law of member states.
"It's a significant transfer of power to the Commission, sanctioned by a Court which tends towards the integrationist approach.
"The decision on whether or not to criminalise offences in Britain should be a matter for Britain, not for the EU. We all support penalties against environmental vandals but this sets an alarming precedent."
ENDS
