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Can an individual member-state citizen be criminalised for not following EU law?
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Can an individual member-state citizen be criminalised for not following EU law, or is there a limitation to EU law that means it is not applicable to individuals?
Can the EU be said to be able to pass “criminal law†- or is this specific term reserved for national governments?
european-union law
edited 1 hour ago
JJJ
1,158627
asked 3 hours ago
Ben
868312
 |Â
show 1 more comment
up vote
3
down vote
favorite
Can an individual member-state citizen be criminalised for not following EU law, or is there a limitation to EU law that means it is not applicable to individuals?
Can the EU be said to be able to pass “criminal law†- or is this specific term reserved for national governments?
european-union law
edited 1 hour ago
JJJ
1,158627
asked 3 hours ago
Ben
868312
You may want to explain more what you mean by 'criminalized', because the answer seems pretty trivial right now. As answered in one of your previous questions, EU regulations are enforceable laws in all member states, and if there weren't any penalties for breaking those laws they probably wouldn't bother passing them.
– Giter
1 hour ago
Thanks. I dont have a law background, and this is probably why is seems trivial. I’ll accept a trivial answer! Is a civil/criminal offense distinction meaningful in this context?
– Ben
1 hour ago
@Ben Is there any chance you mean 'charged' rather than 'criminalised'? One of the requirements of being an EU member is accepting that the European courts have jurisdiction as highest court over most matters which aren't reserved to the member states.
– origimbo
1 hour ago
1
@Ben: Basically criminal law deals with offenses against the public/society/state, and civil law deals with offenses against private individuals/parties. As an example, if you drove your car through the front wall of a store, a criminal case would be for the law you broke by driving dangerously anywhere, and a civil case would be the store suing you for the damage you caused them specifically.
– Giter
1 hour ago
I am specifically asking about criminal law imposed by the EU - either directly via regulations or indirectly via directives being transcribed. Can the EU pass a regulation or directive that criminalises my behaviour? I guess the answer is yes, although I cannot think of an example.
– Ben
49 mins ago
 |Â
show 1 more comment
up vote
3
down vote
favorite
up vote
3
down vote
favorite
Can an individual member-state citizen be criminalised for not following EU law, or is there a limitation to EU law that means it is not applicable to individuals?
Can the EU be said to be able to pass “criminal law†- or is this specific term reserved for national governments?
european-union law
edited 1 hour ago
JJJ
1,158627
asked 3 hours ago
Ben
868312
Can an individual member-state citizen be criminalised for not following EU law, or is there a limitation to EU law that means it is not applicable to individuals?
Can the EU be said to be able to pass “criminal law†- or is this specific term reserved for national governments?
european-union law
european-union law
edited 1 hour ago
JJJ
1,158627
asked 3 hours ago
Ben
868312
edited 1 hour ago
JJJ
1,158627
asked 3 hours ago
Ben
868312
edited 1 hour ago
JJJ
1,158627
edited 1 hour ago
JJJ
1,158627
edited 1 hour ago
JJJ
1,158627
1,158627
asked 3 hours ago
Ben
868312
asked 3 hours ago
Ben
868312
asked 3 hours ago
Ben
868312
868312
You may want to explain more what you mean by 'criminalized', because the answer seems pretty trivial right now. As answered in one of your previous questions, EU regulations are enforceable laws in all member states, and if there weren't any penalties for breaking those laws they probably wouldn't bother passing them.
– Giter
1 hour ago
Thanks. I dont have a law background, and this is probably why is seems trivial. I’ll accept a trivial answer! Is a civil/criminal offense distinction meaningful in this context?
– Ben
1 hour ago
@Ben Is there any chance you mean 'charged' rather than 'criminalised'? One of the requirements of being an EU member is accepting that the European courts have jurisdiction as highest court over most matters which aren't reserved to the member states.
– origimbo
1 hour ago
1
@Ben: Basically criminal law deals with offenses against the public/society/state, and civil law deals with offenses against private individuals/parties. As an example, if you drove your car through the front wall of a store, a criminal case would be for the law you broke by driving dangerously anywhere, and a civil case would be the store suing you for the damage you caused them specifically.
– Giter
1 hour ago
I am specifically asking about criminal law imposed by the EU - either directly via regulations or indirectly via directives being transcribed. Can the EU pass a regulation or directive that criminalises my behaviour? I guess the answer is yes, although I cannot think of an example.
– Ben
49 mins ago
 |Â
show 1 more comment
You may want to explain more what you mean by 'criminalized', because the answer seems pretty trivial right now. As answered in one of your previous questions, EU regulations are enforceable laws in all member states, and if there weren't any penalties for breaking those laws they probably wouldn't bother passing them.
– Giter
1 hour ago
Thanks. I dont have a law background, and this is probably why is seems trivial. I’ll accept a trivial answer! Is a civil/criminal offense distinction meaningful in this context?
– Ben
1 hour ago
@Ben Is there any chance you mean 'charged' rather than 'criminalised'? One of the requirements of being an EU member is accepting that the European courts have jurisdiction as highest court over most matters which aren't reserved to the member states.
– origimbo
1 hour ago
1
@Ben: Basically criminal law deals with offenses against the public/society/state, and civil law deals with offenses against private individuals/parties. As an example, if you drove your car through the front wall of a store, a criminal case would be for the law you broke by driving dangerously anywhere, and a civil case would be the store suing you for the damage you caused them specifically.
– Giter
1 hour ago
I am specifically asking about criminal law imposed by the EU - either directly via regulations or indirectly via directives being transcribed. Can the EU pass a regulation or directive that criminalises my behaviour? I guess the answer is yes, although I cannot think of an example.
– Ben
49 mins ago
You may want to explain more what you mean by 'criminalized', because the answer seems pretty trivial right now. As answered in one of your previous questions, EU regulations are enforceable laws in all member states, and if there weren't any penalties for breaking those laws they probably wouldn't bother passing them.
– Giter
1 hour ago
You may want to explain more what you mean by 'criminalized', because the answer seems pretty trivial right now. As answered in one of your previous questions, EU regulations are enforceable laws in all member states, and if there weren't any penalties for breaking those laws they probably wouldn't bother passing them.
– Giter
1 hour ago
Thanks. I dont have a law background, and this is probably why is seems trivial. I’ll accept a trivial answer! Is a civil/criminal offense distinction meaningful in this context?
– Ben
1 hour ago
Thanks. I dont have a law background, and this is probably why is seems trivial. I’ll accept a trivial answer! Is a civil/criminal offense distinction meaningful in this context?
– Ben
1 hour ago
@Ben Is there any chance you mean 'charged' rather than 'criminalised'? One of the requirements of being an EU member is accepting that the European courts have jurisdiction as highest court over most matters which aren't reserved to the member states.
– origimbo
1 hour ago
@Ben Is there any chance you mean 'charged' rather than 'criminalised'? One of the requirements of being an EU member is accepting that the European courts have jurisdiction as highest court over most matters which aren't reserved to the member states.
– origimbo
1 hour ago
1
1
@Ben: Basically criminal law deals with offenses against the public/society/state, and civil law deals with offenses against private individuals/parties. As an example, if you drove your car through the front wall of a store, a criminal case would be for the law you broke by driving dangerously anywhere, and a civil case would be the store suing you for the damage you caused them specifically.
– Giter
1 hour ago
@Ben: Basically criminal law deals with offenses against the public/society/state, and civil law deals with offenses against private individuals/parties. As an example, if you drove your car through the front wall of a store, a criminal case would be for the law you broke by driving dangerously anywhere, and a civil case would be the store suing you for the damage you caused them specifically.
– Giter
1 hour ago
I am specifically asking about criminal law imposed by the EU - either directly via regulations or indirectly via directives being transcribed. Can the EU pass a regulation or directive that criminalises my behaviour? I guess the answer is yes, although I cannot think of an example.
– Ben
49 mins ago
I am specifically asking about criminal law imposed by the EU - either directly via regulations or indirectly via directives being transcribed. Can the EU pass a regulation or directive that criminalises my behaviour? I guess the answer is yes, although I cannot think of an example.
– Ben
49 mins ago
 |Â
show 1 more comment
3 Answers
3
active
oldest
votes
up vote
2
down vote
There are two kinds of EU laws: Directives and Regulations.
An EU directive itself is not binding law, but all EU member states are committed to create national laws which implement the directive. So when you violate an EU directive, you won't get punished for violating the directive. But you might get punished for violating the national law which was created to implement that directive. EU member states themselves can be fined by the EU when they do not implement a directive.
An EU regulation is binding law in the whole EU. A regulation can include fines for violation. These are usually enforced by the national law enforcement systems. An example is the infamous EU General Data Protection Regulation which allows fines up to 20 million € for large-scale violation.
answered 1 hour ago
Philipp♦
36.3k14108135
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
add a comment |Â
up vote
1
down vote
It's upon EU member states to implement EU law. From the EC website:
Regulations and decisions
National authorities must ensure they are correctly applied.
Directives
Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission to that effect.
The Commission assists member countries in correctly implementing all EU laws. It provides online information, implementation plans, guidance documents and organises expert‑group meetings.
When a member state fails to apply EU law, there is an infringement procedure. From the EC website (see that page for more detail):
Infringement procedure
According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which in certain cases, can impose financial penalties.
So to answer your question. A citizen violating EU law can be penalised by the EU member state (either for violating a regulation or violating a national law implementing an EU directive). The EU itself doesn't normally do this though it may take action against a member state failing to enforce.
answered 1 hour ago
JJJ
1,158627
add a comment |Â
up vote
1
down vote
There isn't any provision in the treaty excluding it explicitly and completely but criminal law is generally out of the remit of EU law. There is also little in EU law that would apply to individuals directly.
There are however a few areas in which EU law touches upon this indirectly:
- Some cases where the EUCJ looked at criminal prosecution and how to interpret the non bis in idem principle. I do not recall the details but the reasoning is that risking to be prosecuted in another member state for something that the justice system of one member state decided not to pursue was a restriction on freedom of movement.
- Much EU law has to do with standards, norms and regulations on consumer products (that's the underpinning of the single market and a major area of EU law). These are then implemented and enforced at the national level but if you would, say, sell wine with a false label, you could be liable for prosecution. The crime itself (fraud or some such) would be defined in national law but you could conceivably be prosecuted for willfully disregarding some EU rules.
- The Schengen regulations are an interesting case: The Visa Code and the Borders Code are regulations (meaning they are directly binding without being implemented in national law) and they create many obligations for individuals (unlike most of EU law). But they stops just short of providing for sanctions. Thus, if someone stays longer than allowed in the Schengen area, the regulation just states that they may be expelled and leaves possible criminal prosecution, fines or bans entirely up to the member states.
answered 52 mins ago
Relaxed
15.4k3353
add a comment |Â
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
There are two kinds of EU laws: Directives and Regulations.
An EU directive itself is not binding law, but all EU member states are committed to create national laws which implement the directive. So when you violate an EU directive, you won't get punished for violating the directive. But you might get punished for violating the national law which was created to implement that directive. EU member states themselves can be fined by the EU when they do not implement a directive.
An EU regulation is binding law in the whole EU. A regulation can include fines for violation. These are usually enforced by the national law enforcement systems. An example is the infamous EU General Data Protection Regulation which allows fines up to 20 million € for large-scale violation.
answered 1 hour ago
Philipp♦
36.3k14108135
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
add a comment |Â
up vote
2
down vote
There are two kinds of EU laws: Directives and Regulations.
An EU directive itself is not binding law, but all EU member states are committed to create national laws which implement the directive. So when you violate an EU directive, you won't get punished for violating the directive. But you might get punished for violating the national law which was created to implement that directive. EU member states themselves can be fined by the EU when they do not implement a directive.
An EU regulation is binding law in the whole EU. A regulation can include fines for violation. These are usually enforced by the national law enforcement systems. An example is the infamous EU General Data Protection Regulation which allows fines up to 20 million € for large-scale violation.
answered 1 hour ago
Philipp♦
36.3k14108135
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
add a comment |Â
up vote
2
down vote
up vote
2
down vote
There are two kinds of EU laws: Directives and Regulations.
An EU directive itself is not binding law, but all EU member states are committed to create national laws which implement the directive. So when you violate an EU directive, you won't get punished for violating the directive. But you might get punished for violating the national law which was created to implement that directive. EU member states themselves can be fined by the EU when they do not implement a directive.
An EU regulation is binding law in the whole EU. A regulation can include fines for violation. These are usually enforced by the national law enforcement systems. An example is the infamous EU General Data Protection Regulation which allows fines up to 20 million € for large-scale violation.
answered 1 hour ago
Philipp♦
36.3k14108135
There are two kinds of EU laws: Directives and Regulations.
An EU directive itself is not binding law, but all EU member states are committed to create national laws which implement the directive. So when you violate an EU directive, you won't get punished for violating the directive. But you might get punished for violating the national law which was created to implement that directive. EU member states themselves can be fined by the EU when they do not implement a directive.
An EU regulation is binding law in the whole EU. A regulation can include fines for violation. These are usually enforced by the national law enforcement systems. An example is the infamous EU General Data Protection Regulation which allows fines up to 20 million € for large-scale violation.
answered 1 hour ago
Philipp♦
36.3k14108135
answered 1 hour ago
Philipp♦
36.3k14108135
answered 1 hour ago
Philipp♦
36.3k14108135
answered 1 hour ago
Philipp♦
36.3k14108135
36.3k14108135
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
add a comment |Â
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
So if I violate GDPR - is that a civil offense? Are there any regulations that if I breach it would be a criminal offense? Or at least, could there be, within the terms of existing EU treaties? Is the distinction between criminal and civil clear cut/meaningful?
– Ben
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
@Ben This might be more of a question for law.stackexchange.com
– Philipp♦
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
This answer barely scratches the topic and fails to distinguish between companies and individuals. Thus, I don't think any rule in the GDPR concerns individuals. That's typical for EU rules, you could mention the (much older and firmly established) rules on competition.
– Relaxed
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
@Relaxed If you post a much better answer then I will delete mine.
– Philipp♦
1 hour ago
add a comment |Â
up vote
1
down vote
It's upon EU member states to implement EU law. From the EC website:
Regulations and decisions
National authorities must ensure they are correctly applied.
Directives
Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission to that effect.
The Commission assists member countries in correctly implementing all EU laws. It provides online information, implementation plans, guidance documents and organises expert‑group meetings.
When a member state fails to apply EU law, there is an infringement procedure. From the EC website (see that page for more detail):
Infringement procedure
According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which in certain cases, can impose financial penalties.
So to answer your question. A citizen violating EU law can be penalised by the EU member state (either for violating a regulation or violating a national law implementing an EU directive). The EU itself doesn't normally do this though it may take action against a member state failing to enforce.
answered 1 hour ago
JJJ
1,158627
add a comment |Â
up vote
1
down vote
It's upon EU member states to implement EU law. From the EC website:
Regulations and decisions
National authorities must ensure they are correctly applied.
Directives
Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission to that effect.
The Commission assists member countries in correctly implementing all EU laws. It provides online information, implementation plans, guidance documents and organises expert‑group meetings.
When a member state fails to apply EU law, there is an infringement procedure. From the EC website (see that page for more detail):
Infringement procedure
According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which in certain cases, can impose financial penalties.
So to answer your question. A citizen violating EU law can be penalised by the EU member state (either for violating a regulation or violating a national law implementing an EU directive). The EU itself doesn't normally do this though it may take action against a member state failing to enforce.
answered 1 hour ago
JJJ
1,158627
add a comment |Â
up vote
1
down vote
up vote
1
down vote
It's upon EU member states to implement EU law. From the EC website:
Regulations and decisions
National authorities must ensure they are correctly applied.
Directives
Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission to that effect.
The Commission assists member countries in correctly implementing all EU laws. It provides online information, implementation plans, guidance documents and organises expert‑group meetings.
When a member state fails to apply EU law, there is an infringement procedure. From the EC website (see that page for more detail):
Infringement procedure
According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which in certain cases, can impose financial penalties.
So to answer your question. A citizen violating EU law can be penalised by the EU member state (either for violating a regulation or violating a national law implementing an EU directive). The EU itself doesn't normally do this though it may take action against a member state failing to enforce.
answered 1 hour ago
JJJ
1,158627
It's upon EU member states to implement EU law. From the EC website:
Regulations and decisions
National authorities must ensure they are correctly applied.
Directives
Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission to that effect.
The Commission assists member countries in correctly implementing all EU laws. It provides online information, implementation plans, guidance documents and organises expert‑group meetings.
When a member state fails to apply EU law, there is an infringement procedure. From the EC website (see that page for more detail):
Infringement procedure
According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which in certain cases, can impose financial penalties.
So to answer your question. A citizen violating EU law can be penalised by the EU member state (either for violating a regulation or violating a national law implementing an EU directive). The EU itself doesn't normally do this though it may take action against a member state failing to enforce.
answered 1 hour ago
JJJ
1,158627
answered 1 hour ago
JJJ
1,158627
answered 1 hour ago
JJJ
1,158627
answered 1 hour ago
JJJ
1,158627
1,158627
add a comment |Â
add a comment |Â
up vote
1
down vote
There isn't any provision in the treaty excluding it explicitly and completely but criminal law is generally out of the remit of EU law. There is also little in EU law that would apply to individuals directly.
There are however a few areas in which EU law touches upon this indirectly:
- Some cases where the EUCJ looked at criminal prosecution and how to interpret the non bis in idem principle. I do not recall the details but the reasoning is that risking to be prosecuted in another member state for something that the justice system of one member state decided not to pursue was a restriction on freedom of movement.
- Much EU law has to do with standards, norms and regulations on consumer products (that's the underpinning of the single market and a major area of EU law). These are then implemented and enforced at the national level but if you would, say, sell wine with a false label, you could be liable for prosecution. The crime itself (fraud or some such) would be defined in national law but you could conceivably be prosecuted for willfully disregarding some EU rules.
- The Schengen regulations are an interesting case: The Visa Code and the Borders Code are regulations (meaning they are directly binding without being implemented in national law) and they create many obligations for individuals (unlike most of EU law). But they stops just short of providing for sanctions. Thus, if someone stays longer than allowed in the Schengen area, the regulation just states that they may be expelled and leaves possible criminal prosecution, fines or bans entirely up to the member states.
answered 52 mins ago
Relaxed
15.4k3353
add a comment |Â
up vote
1
down vote
There isn't any provision in the treaty excluding it explicitly and completely but criminal law is generally out of the remit of EU law. There is also little in EU law that would apply to individuals directly.
There are however a few areas in which EU law touches upon this indirectly:
- Some cases where the EUCJ looked at criminal prosecution and how to interpret the non bis in idem principle. I do not recall the details but the reasoning is that risking to be prosecuted in another member state for something that the justice system of one member state decided not to pursue was a restriction on freedom of movement.
- Much EU law has to do with standards, norms and regulations on consumer products (that's the underpinning of the single market and a major area of EU law). These are then implemented and enforced at the national level but if you would, say, sell wine with a false label, you could be liable for prosecution. The crime itself (fraud or some such) would be defined in national law but you could conceivably be prosecuted for willfully disregarding some EU rules.
- The Schengen regulations are an interesting case: The Visa Code and the Borders Code are regulations (meaning they are directly binding without being implemented in national law) and they create many obligations for individuals (unlike most of EU law). But they stops just short of providing for sanctions. Thus, if someone stays longer than allowed in the Schengen area, the regulation just states that they may be expelled and leaves possible criminal prosecution, fines or bans entirely up to the member states.
answered 52 mins ago
Relaxed
15.4k3353
add a comment |Â
up vote
1
down vote
up vote
1
down vote
There isn't any provision in the treaty excluding it explicitly and completely but criminal law is generally out of the remit of EU law. There is also little in EU law that would apply to individuals directly.
There are however a few areas in which EU law touches upon this indirectly:
- Some cases where the EUCJ looked at criminal prosecution and how to interpret the non bis in idem principle. I do not recall the details but the reasoning is that risking to be prosecuted in another member state for something that the justice system of one member state decided not to pursue was a restriction on freedom of movement.
- Much EU law has to do with standards, norms and regulations on consumer products (that's the underpinning of the single market and a major area of EU law). These are then implemented and enforced at the national level but if you would, say, sell wine with a false label, you could be liable for prosecution. The crime itself (fraud or some such) would be defined in national law but you could conceivably be prosecuted for willfully disregarding some EU rules.
- The Schengen regulations are an interesting case: The Visa Code and the Borders Code are regulations (meaning they are directly binding without being implemented in national law) and they create many obligations for individuals (unlike most of EU law). But they stops just short of providing for sanctions. Thus, if someone stays longer than allowed in the Schengen area, the regulation just states that they may be expelled and leaves possible criminal prosecution, fines or bans entirely up to the member states.
answered 52 mins ago
Relaxed
15.4k3353
There isn't any provision in the treaty excluding it explicitly and completely but criminal law is generally out of the remit of EU law. There is also little in EU law that would apply to individuals directly.
There are however a few areas in which EU law touches upon this indirectly:
- Some cases where the EUCJ looked at criminal prosecution and how to interpret the non bis in idem principle. I do not recall the details but the reasoning is that risking to be prosecuted in another member state for something that the justice system of one member state decided not to pursue was a restriction on freedom of movement.
- Much EU law has to do with standards, norms and regulations on consumer products (that's the underpinning of the single market and a major area of EU law). These are then implemented and enforced at the national level but if you would, say, sell wine with a false label, you could be liable for prosecution. The crime itself (fraud or some such) would be defined in national law but you could conceivably be prosecuted for willfully disregarding some EU rules.
- The Schengen regulations are an interesting case: The Visa Code and the Borders Code are regulations (meaning they are directly binding without being implemented in national law) and they create many obligations for individuals (unlike most of EU law). But they stops just short of providing for sanctions. Thus, if someone stays longer than allowed in the Schengen area, the regulation just states that they may be expelled and leaves possible criminal prosecution, fines or bans entirely up to the member states.
answered 52 mins ago
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answered 52 mins ago
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answered 52 mins ago
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answered 52 mins ago
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You may want to explain more what you mean by 'criminalized', because the answer seems pretty trivial right now. As answered in one of your previous questions, EU regulations are enforceable laws in all member states, and if there weren't any penalties for breaking those laws they probably wouldn't bother passing them.
– Giter
1 hour ago
Thanks. I dont have a law background, and this is probably why is seems trivial. I’ll accept a trivial answer! Is a civil/criminal offense distinction meaningful in this context?
– Ben
1 hour ago
@Ben Is there any chance you mean 'charged' rather than 'criminalised'? One of the requirements of being an EU member is accepting that the European courts have jurisdiction as highest court over most matters which aren't reserved to the member states.
– origimbo
1 hour ago
1
@Ben: Basically criminal law deals with offenses against the public/society/state, and civil law deals with offenses against private individuals/parties. As an example, if you drove your car through the front wall of a store, a criminal case would be for the law you broke by driving dangerously anywhere, and a civil case would be the store suing you for the damage you caused them specifically.
– Giter
1 hour ago
I am specifically asking about criminal law imposed by the EU - either directly via regulations or indirectly via directives being transcribed. Can the EU pass a regulation or directive that criminalises my behaviour? I guess the answer is yes, although I cannot think of an example.
– Ben
49 mins ago