Law 2101 Study Guide - Quiz Guide: Consumer Protection, European Anti-Fraud Office, European Ombudsman
Document Summary
Relationship between prohibitions on harmonisation and provisions permitting harmonisation. The tfeu contains a number of restrictions on legislative measures. In the absence of rules powers which are necessary"- the. The judgements in the environmental case established first, that the union had the competence to require mss to enact criminal law measures, whenever this was necessary for the effectiveness of the non-criminal legislative power. The environmental case involved an action on the protection of the environment through criminal law on the basis that it encroached on the community"s competence to protect the environment. Decision was similar to a previous proposal by the commission on a directive that would require mss to establish criminal penalties in relation to defined offences. Environmental case, the coj found that despite the rule derived from its case law that neither criminal law nor the rules of criminal procedure fall within the community"s competence", the.
