The penal protection posibility of the EU's financial interests by means of criminal law

• Author: Alexandru Boroi
• Position: Alexandru Ioan Cuza Police Academy
• Pages: 27-38

27

THE PENAL PROTECTION POSIBILITY OF THE EU’S

FINANCIAL INTERESTS

BY MEANS OF CRIMINAL LAW

Ph. D professor Alexandru Boroi

„Alexandru Ioan Cuza” Police Academy

Abstract:

The European institutions competence of imposing regulations in the field of

criminal law represented a serious problem through time.

The positive effect that community right has over criminal law is represented

by the obligation of the member states to apply in practice the harmonization

directives which come to complete the common market and the implementation of

common policies like agriculture policy. The positive effect is manifesting under

the form of measures taken in the area of criminal law by the member states in

fulfilling the obligations that drift from community law.

A recent decision of EU Court of Justice comes to clarify the distribution of

competence between the first and the third pillar regarding criminal law area.

Regarding the guarantees offered by the community institutions, the actual

situation is of a nature to cause concern. The fundament that legitimizes the

adoption of criminal law measures on the level of the Member States is given by the

national Constitution which stipulates the rights and fundamental liberties and

democratic principles for the protection of these.

Key words: penal protection, financial interests, criminal law.

The European institutions competence of imposing regulations in the field of

criminal law represented a serious problem through time.

Since the Rome Treaty to the beginning of the 70’s, the EU didn’t have

competence regarding criminal law. The only exceptions were false statement and

protecting the nuclear secret35. The Schengen Agreements permitted for the first

time approaching this topic, but only to forbid the direct intervention of the

Communities in this matter36. Criminal law is part of the EU competence once the

EU treaty appeared and laid down “criminal cooperation” as a common interest

issue (art 29 of Amsterdam Treaty”)37. A criminal penalty is also set forth in the

35 Art. 194, Euratom Treaty.

36 H. Habayle, L’application du Traite sur L’Union Europeenne, RSC, January-March 1995, p. 34

and the following.

37 This article stipulates that in order to accomplish the Union’ objectives, especially free movement

of persons, and without prejudicing the communities’ competencies, the member states consider the

following fields as common interest matters: fighting against drugs addiction, fighting international