Interesting to see that Eurosceptics are focusing on a recent European Court of Justice judgement that confirmed that the EU is entitled to require member states to treat certain violations of European legislation as criminal offences. Needless to say, Eurosceptics have gone way over the top and referred to the European Commission being able to determine sentences, claiming that "Brussels" will determine criminal penalties.
If they thought a little bit further than the next tabloid headline, they might get involved in a sensible discussion about what this ruling actually means - and, who knows, they might even welcome it! Do they really think that, for instance, Spain should merely give token fines to fishermen who catch more than their quota in British waters? Or that people who put toxic substances into waterways, in violation of EU law, should not be subject to any criminal court proceedings in their country?
Essentially, the ruling confirms that member states can be required to get tough with those who violate the law. This is a good thing for everyone. When we agree common European laws with our neighbouring countries in the EU, surely it is our right to expect our partners to implement it properly, and to sanction those who violate the law in their country just as we would sanction those who violate it in our country? What would be the point in agreeing those common laws if our neighbours were free to leave violations unpunished?
Rather than welcome this positive feature of the EU - or even debate it - Eurosceptics would rather stir up unfounded fears that the European Commission, and not the national courts, will determine sentences or, at the very least, that we are going to have a "harmonised criminal law across the union" (to quote UKIP's press officer, Gawain Towler).
Mr Towler even berates a law firm for its supposed ignorance when they rightly say that "the European Court's ruling does not give the Commission powers to jail people…. Any laws involving criminal sanctions will have to be adopted and passed by the national Parliament's of each member state. All the Commission can do is to propose new laws for member states to adopt". Yet, the lawyers are exactly right and UKIP is completely wrong.
Labels: Commission, Common Fisheries Policy, environment, eurosceptics


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