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Court of Justice of the European Communities

Judgment of 3 May 2005 (Silvio Berlusconi and Others), Joint Cases C-387/02, C-391/02 and C-403/02

Published online by Cambridge University Press:  14 July 2006

Harmen van der Wilt
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Extract

The European Union has been tightening its grip on the criminal laws of the member states. Article 31 of the Treaty on European Union introduced the framework decision as the appropriate instrument to harmonize criminal law. In this way, member states may be required to adopt minimum levels of criminal definitions and sanctions. This is a matter of ‘third pillar’ law. The case under scrutiny, however, is a perfect illustration of the delicate relationship between EU first pillar law and domestic criminal law.

Keywords

European Court of JusticeBerlusconiEnvironmental ProtectionCriminal LawEuropean UnionHarmonizationThird PillarFirst PillarAppropriate SanctionsPublicationFalse Company DocumentsCommunity DirectiveRetroactive ApplicationMore Lenient Criminal Provision
Type
Case Note
Information
European Constitutional Law Review , Volume 2 , Issue 2 , June 2006 , pp. 303 - 309
Copyright
© Asser Press 2006

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