Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-300"
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"en.20060613.28.2-300"2
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".
Commissioner, ladies and gentlemen, the consequences of the judgment of the European Court of Justice of 13 September 2005 relating to Community powers in the area of criminal law are so momentous that this judgment really marks a break in the development of Community law.
It can even be assumed that under certain circumstances this precedent might have a negative effect on the sovereignty of the Member States. The condition
for its application to Community norm-setting arising from the First Pillar of the EU will therefore be strict adherence to the principle of subsidiarity as established in Article 5 of the EC Treaty and in the Protocol on the application of the principles of subsidiarity and proportionality. This principle is directly connected to the need for European lawmakers to see that the enactment of criminal sanctions under the First Pillar is an exception, restricted to cases where there is an unavoidable need to protect the rights and freedoms of citizens and the main interests of the EU. It is also essential that the effects and overall impact of the criminal law norms passed on the basis of the First Pillar are thoroughly and painstakingly monitored and assessed.
Another area where the Commission is proposing criminal sanctions is the protection of intellectual property rights. This area undoubtedly represents one of the main activities of the Community arising from Article 2 of the EC Treaty. I think, and I will say it again, that this area is so important and so rapidly developing that it requires a specific conceptual and systematic approach. I consider it essential to develop a well-rounded concept for protecting intellectual property rights, which will include among other things criminal law measures."@en1
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