Will court judgement lead to EU criminal sanctions?[de] 

Luxembourg judges on 13 September effectively granted powers to the Commission allowing it to require that member states impose criminal penalties for environmental offences. 

According to the Commission interpretation  of the ruling, the ECJ judgement potentially holds implications for "the whole range of community policies" where penal sanctions already apply. It said seven EU decisions requiring penal sanctions should now be revised because they were taken single-handedly by the EU Council of Ministers without approval from the European Parliament.

The seven decisions that should require revision concern: 

• counterfeiting in euro notes and coins
• money laundering
• counterfeiting in credit card and checks
• maritime pollution
• people trafficking
• computer hacking and virus attacks
• fight against corruption in the private sector

The Commission hailed the implications of the judgement "a step forward for democracy" as the European Parliament should now have a say in the adoption of EU laws where criminal sanctions are to be applied by the member states.

But EU countries, at the forefront of which Britain, fear the judgement will lead to a major shift in powers from the member states to the EU, just at a time when Europe is in a legitimacy crisis with the rejection of the Constitution. 

British conservatives said "many EU countries, including Britain, are vigorously opposed to the Commission's intrusion into criminal law. Far from being a shot in the arm for EU democracy, this is a serious blow to our right to decide these matters for ourselves," said Timothy Kirkhope MEP (EPP-ED, UK).