EC States May Adopt Criminal Sanctions

The European Commission (EC) lauded a recent decision of the Court of Justice holding that the European Community has the power to require member states to adopt criminal penalties for the purpose of protecting the environment. The decision, Commission of the European Communities v. Council of the European Union, holds that protection of the environment constitutes one of the essential objectives of the Community and, thus, the Council is without authority to block the legislation. Although the legislation at issue was not strictly maritime, the decision indicates which body the Court of Justice believes to be in control of environmental enforcement matters within the European Community. (HK Law)