Law of France - EU Union Law

EU Union Law

Traditionally, Union law has been viewed as a body of rules which are transposed automatically (in the case of a regulation) or by national legislation (in the case of a directive) into French domestic law, be it civil, criminal, administrative or constitutional.

However, in November 2005 the Commission announced that, on the basis of a (somewhat controversial) ECJ court decision (holding that the EU had the right to require Member States to introduce criminal laws because, in the case at hand, it was necessary to uphold EU legislation on combatting pollution), it intended to create a dozen or so EU criminal offences, creating echos of the federal laws which exist in the United States of America. Indeed, the Commission - led by its Commissioner for Justice and Home Affairs Franco Frattini - insists that the principle created in the ECJ court decision applies across all policies, not just policies concerning pollution.

Subsequently, in May 2006, the Commission formally submitted to the EU Parliament and EU Council (which have co-decision powers) the first draft directive aiming to put this new prerogative into effect. The draft concerns counterfeiting (for example, of car parts, drugs, or children's toys) and requires each Member State to set the following penalties for what it terms "organised counterfeiters": a period of imprisonment of up to four years and a fine of up to €300,000. The Parliament began its consideration of the draft directive in March 2007.