Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-10-26-Speech-3-219"
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"en.20051026.18.3-219"2
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".
As repeatedly stated by the Court of Justice, the choice of legal basis for the adoption of legally binding instruments must rest on objective factors. The judgment of the Court of Justice confirmed that the Community legislator may take measures relating to the criminal law of the Member States when that is necessary for the achievement of the Community policy in question. The Court of Justice also reiterated that, as a general rule, criminal law matters did not fall within the scope of Community competence. It did not decide about the scope of application of Title 6 of the Treaty on European Union as such, nor did it limit the scope of application of Title 6 beyond the very specific issue on which the Court of Justice ruled.
The use of Article 42 is not being considered at present. The Council cannot and should not seek to prevent Member States from cooperating bilaterally or multilaterally on police and judicial matters, as long as they observe the obligations incumbent upon them under the Treaties. Cooperation outside the framework of the Treaties is, by definition, not undertaken by the Council. Neither the Council nor its Presidency can therefore provide information regarding such forms of cooperation for the European Parliament.
Information regarding cooperation on police or judicial matters under Title 6 is transmitted to the European Parliament on the basis of Article 39 of the Treaty. As regards the information to national parliaments, this is solely a matter for the individual Member States, not the Council or its Presidency."@en1
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