EU executive wins power spat with member states

The European Commission won a battle with European Union member states on Tuesday over who can insert criminal penalties into laws to protect the environment, a victory that could beef up the executive's legislative power.
The European Court of Justice gave a ruling in favour of Brussels that may allow the Commission to toughen up future legislative proposals by including criminal sanctions.
The court case centres on a move by EU member states to adopt a "framework decision", involving only governments, to introduce criminal penalties for damaging the environment.
The Commission, which jealously guards its right to propose laws, said member states bypassed Brussels and flouted European Community law, which gives the Commission the right to initiate environmental lawmaking and involve the European Parliament.
The Commission had put forward its own proposals for protecting the environment using criminal sanctions. But member states said it had no power to impose criminal penalties.
On Tuesday the court annulled the framework decision, saying that protection of the environment was an essential objective of European Community law and part of the Commission's remit.
The court also said the Commission should be allowed to put forward criminal penalties if they were in proportion to the offence.
A spokesman for the British presidency of the EU said member states would study the court's decision. Michel Petite, of the European Commission's legal services department, told reporters the executive would resubmit its environmental proposal.
An EU diplomat said most member states had opposed the Commission's original proposal and it was not clear if they would accept a fresh one.
Britain's Conservative opposition party decried the court's decision as seriously undermining EU member states' powers. "This appears to be a worrying erosion of British sovereignty ... This is a blow to Britain's ability to decide things for ourselves," said Timothy Kirkhope, leader of the Conservatives in the European Parliament.
Petite said the ruling also strengthens the European Parliament because the legislature has a joint say along with member states on bills proposed by the Commission.
Some European Commission insiders hope the case will influence a current battle between member states and the executive over who should initiate legislation on storing e-mail and telephone call records to help police track terrorists.
Member states have proposed a framework decision obliging Internet and phone companies to store records of all e-mail and telephone traffic in the EU.
The Commission is due to put forward its own proposals on storing communications data on September 21.