Category Archives: Police cooperation

Judicial cooperation in criminal matters, jurisdiction of the Court and end of the transitory period

Today, 1st December 2014, marks the fifth anniversary of the entry into force of the Lisbon Treaty. More particularly, 1st December 2014 is an important date for the jurisdiction of the Court of Justice in respect of judicial cooperation in criminal matters. The 5 year transitional period laid down in Article 10 (1) of Protocol 36 to the TEU and TFEU comes to an end. Consequently from now on the Court of Justice can exercise its normal jurisdiction to answer preliminary references from national courts in respect of measures adopted by the EU before the entry into force of the Lisbon Treaty. Also, the Commission can take infringement proceedings against Member States in this field from now on.  Continue reading

Case C-43/12 Commission v Parliament and Council: Legal basis, opt out

There were nearly 30 000 deaths caused by road traffic accidents in the EU in 2012 (see table showing the evolution of road fatalities here. That’s a lot.

The Court of Justice’s judgment in Case C-43/12 Commission v Parliament and Council EU:C:2014:298 shows that attempts to put in place effective legislation to reduce the number of fatalities are frought with legal difficulties. Continue reading