Opinion of the Advocate General — ECLI:EU:C:2005:311
Date: 2005-05-26
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957);Treaty on European Union (1992)
Subject matter: Environment;Justice and home affairs
Procedure: Action for annulment - successful

Summary of the Judgment Environment — Protection — Community competence — Criminal penalties — Framework Decision 2003/80 on the protection of the environment through criminal law — Appropriate legal basis — Article 175 EC – Decision based on Title VI of the Treaty on European Union — Infringement of Article 47 EU (Arts 135 EC, 175 EC and 280(4) EC; Art. 47 EU; Council Framework Decision 2003/80, Arts 1 to 7) Framework Decision 2003/80 on the protection of the environment through criminal law, being based on Title VI of the Treaty on European Union, encroaches upon the powers which Article 175 EC confers on the Community, and, accordingly, the entire framework decision being indivisible, infringes Article 47 EU. Articles 1 to 7 of that framework decision, which entail partial harmonisation of the criminal laws of the Member States, in particular as regards the constituent elements of various criminal offences committed to the detriment of the environment, could have been properly adopted on the basis of Article 175 EC in so far as, on account of both their aim and their content, their principal objective is the protection of the environment, which constitutes one of the essential objectives of the Community. In this regard, while it is true that, as a general rule, neither criminal law nor the rules of criminal procedure fall within the Community’s competence, this does not, however, prevent the Community legislature, when the application of effective, proportionate and dissuasive criminal penalties by the competent national authorities is an essential measure for combating serious environmental offences, from taking measures which relate to the criminal law of the Member States which it considers necessary in order to ensure that the rules which it lays down on environmental protection are fully effective. That competence of the Community legislature in relation to the implementation of environmental policy cannot be called into question by the fact that Articles 135 EC and 280(4) EC reserve to the Member States, in the spheres of customs cooperation and the protection of the Community’s financial interests respectively, the application of national criminal law and the administration of justice. (see paras 41-42, 47-48, 51-53)