WRITTEN QUESTION E-3877/02 by Jorge Hernández Mollar (PPE-DE) to the Commission. A single European penal code.
Date: 2003-01-10
Institutions: European Parliament, Provisional data
Subjects: European judicial area, approximation of laws, criminal law, drafting of EU law, judicial cooperation in criminal matters in the EU, penal code

20.3.2004

EN

Official Journal of the European Union

C 70 E/27

their retail prices are higher than those of other comparable non-fair trade products, due to the additional
costs linked to their production and marketing, the commitment to pay above the market price for the
commodities in question and the limited economies of scale that have been achieved so far.

As far as the possibilities that exist for the various national authorities to influence these prices, any such
activity must remain coherent with the Union and international obligations of the Member States and of
the Union. In the long run, however, only a sustained trend of increased demand for fair trade products by
European consumers is likely to lead to large reductions in prices.

(2004/C 70 E/029)

WRITTEN QUESTION E-3877/02

by Jorge Hernández Mollar (PPE-DE) to the Commission

(10 January 2003)

Subject: A single European penal code

The proposal for a single European penal code that would apply in all the Member States is now on the
table, and at the very least this idea deserves to be examined by academics and criminologists, as it is
potentially of major importance in the context of joint means of dealing with criminal offences which
particularly affect the Community sphere.

The introduction of uniform penalties in the Member States, notably for such offences as drug trafficking,
sexual abuse of minors, illegal trafficking in human beings and environmental crimes, could prove a highly
effective means of protection for the Community as a whole against the damaging effects of those criminal
activities.

Does the Commission believe that it could promote a broad discussion on the possible introduction of a
single European penal code, to be facilitated by the funding of studies, debates and other means of
comparing legal opinions among criminologists and other experts, which would result in a concrete
recommendation on the desirability of such an initiative?

Answer given by Mr Vitorino on behalf of the Commission

(10 February 2003)

The Commission agrees with the Honourable Member that an approximation in some areas of substantive
criminal law is necessary to achieve a genuine area of justice in criminal matters. The Union has already
begun to approximate national rules relating to the constituent elements of criminal acts and to penalties.
The Treaty of Amsterdam, the Vienna Action Plan and the Tampere European Council conclusions identify
areas, which should be harmonised as a matter of priority. The degree of harmonisation is, however, not
total, partly because the exercise must respect
the principles of subsidiarity and proportionality in
accordance with Protocol 30 to the Treaty of Amsterdam, and partly because the approach adopted is
deliberately progressive.

However, the Commission has serious doubts about whether a Single European Penal Code would be a
feasible or appropriate path to follow at this stage. The question of the approximation of substantive
criminal law is sensitive. Member States’ Penal Codes reflect different legal traditions often well-rooted in
history. That is why the development of a genuine area of justice has been mainly governed by the
principle of mutual recognition, with approximation of substantive law only in some particular areas. This
pragmatic approach is reflected in the Commission representatives’ contribution to the discussions on the
Convention on the future of Europe. Each action to harmonise substantial criminal law should be justified
in relation to at least one of the following criteria: the phenomenon in question is included in the list of
‘European crimes’ set out in the new Treaty and/or where the absence of action at Union level would
threaten a shared European interest which is itself already the subject of a common policy. To supplement
this, harmonisation is also justified where action at Union level is considered necessary to ensure the full
application of mutual recognition of judicial decision and to guarantee the effectiveness of common tools
for police and judicial cooperation.

Therefore, the Commission does not envisage for the time being funding any study or activity aimed at
analysing the feasibility of a European Penal Code.