Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-14-Speech-3-134"

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"en.20060614.13.3-134"2
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". Once again the European Court of Justice has determined that the Council has contravened the EC Treaty. The Council tried to sidestep the involvement of Parliament in the legislative process by using a different legal basis from the one laid down in the Treaty. It is therefore no surprise that it has been condemned by the judges in Luxembourg; indeed, it was easily foreseeable and is to be welcomed in every respect. It goes without saying that all the institutions are called upon to analyse the judgment and to use it to draw conclusions for the future. However, I do not understand what consequences the Commission is proposing. Although the ECJ proceeded very cautiously and reiterated the principle that the EC has no primary competence in criminal law and therefore that the EC Treaty only provides supplementary legislative competence in criminal law for very specific matters, the Commission seems to think that it can derive a general competence in criminal law for the EC from the Court's judgment. In the Council's wake, now the Commission, too, wants to take from the European Treaties competences that the Member States never gave it. The Commission's approach is not only unlawful in many respects; indeed, it is also unacceptable in terms of integration policy. Parliament has therefore quite rightly shown the red light to the Commission's proposals, in the form of Mr Gargani's report."@en1

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