Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-05-19-Speech-1-074"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2008-05-19"^^xsd:date2
dcterms:Is Part Of	lp_eu:Protection of the environment through criminal law (debate)2
dcterms:Language	"de"^^xsd:language2
lpv:document identification number	"en.20080519.20.1-074"2
lpv:hasSubsequent	lp_eu:2008-05-19-Speech-1-0752
lpv:speaker	lp:Hartmut Nassauer2
lpv:spokenAs	unknown; Christlich Demokratische Union Deutschlands (2004-07-20--2009-07-13)3 substitute; ENVI (2007-01-31--2009-07-13)3 chair; Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) (2007-03-14--2009-07-13)3 member; Conference of Delegation Chairs (2004-09-22--2009-07-13)3 member; JURI (2007-01-31--2009-07-13)3 vice-chair; EPP-ED (2007-02-15--2009-07-13)3 substitute; Delegation for relations with the countries of South Asia (2007-03-15--2009-07-13)3
lpv:translated text	"Mr President, if I may begin with the last point, namely the transposition period, let me say that this directive sets a precedent. Mr Medina rightly pointed out that all of the environmental legislation in the Community will have to be screened for penal compatibility, as it were, in the light of the new definitions of criminal offences. This will be being done for the first time and is a very extensive undertaking. Accordingly, it makes sense to give the Member States 24 months rather than only 18. The other thing I wanted to say is addressed to the Commission. This matter may not necessarily lie within your sphere of competence at the present time, Commissioner Barrot, but it will in the future. The Commission now has a new resource; it has a new set of instruments at its disposal which, as I have said, are essentially and fundamentally in the hands of the Member States. I believe that the Commission would be well advised to exercise caution in the use of these instruments. Penal screening of Community law, of course, is not solely applicable to environmental legislation but can, in principle, be applied to all other areas of Community activity. That is why I believe the Commission would be well advised to proceed with caution here, for criminal law is the last resort in the enforcement of legislation and not an instrument for everyday use. The Member States will not exactly be over the moon about all of this. Besides, to put it very delicately, legal scholars have been extremely hesitant to incorporate the judgments of the European Court of Justice into legal doctrine and jurisprudence. My advice to the Commission is therefore to make cautious use of these instruments, and the directive will be all the more effective when it is subsequently applied in practice."@en1

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