The evolution of European Union criminal law (1957-2012)

obligations were further confirmed by subsequent Regulations on the same matter and
other related issues. 111
This modus operandi of securing the enforcement of EC norms via national criminal law
was also taking place in the context of some directives, whose implementation led to the
adoption of criminal sanctions at the national level. This was the case, for instance, with
the Directive on insurance against civil liability of motorcars and on the enforcement of
the obligation to insure against such liability. 112 This Directive sought to address the
disparities between Member States’ domestic legislation by abolishing vehicle checks
between Member States, compensated for by the compulsory insurance of all vehicles
circulating in the EU. By addressing disparities between Member States’ domestic
legislation, this measure spoke to the core of the single market, namely with regard to
transport policy, by favouring the movement of goods and persons within the EC, whilst
also endorsing the interests of persons who may be victims of accidents, and subtly
leading to a de facto EC driven criminalisation at the national level.
However, none of these measures contained specific obligations to adopt criminal
sanctions at the national level, leaving Member States with the freedom to decide which
measures to adopt. Nonetheless, the text in these measures often carried a strong
suggestion to use criminal law. The rule of thumb for this intervention was that the EC
would set the norm and Member States would set the sanction. 113 However, this was not
a widespread method. 114 Indeed, there were only sporadic examples in certain policy
domains and EC law was never clear-cut about the type of action it required Member
States to engage in. As shown, the EC set demands on Member States for the
introduction of means of control and penalties to be imposed in case of breach regarding
the respective provisions, to undertake inspections, to ensure compliance or to prosecute
or take administrative action. These obligations were often reflected in the de facto
adoption of criminal legislation at the national level.
111
See, for instance, Council Regulation (EEC) No 3183/87 of 19 October 1987 introducing
special rules for the financing of the common agricultural policy, OJ L 304/1 [1987].
112
Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member
States relating to insurance against civil liability in respect of the use of motor vehicles, and to
the enforcement of the obligation to insure against such liability, OJ L 103 [1972].
113
See J. Bigay, “Droit Communautaire et Droit Penal” Revue trimestrielle du droit européen 4
(1972) 725-734, and H. Sevenster, “Criminal Law and the European Community”(1992) 29
Common Market Law Review 29.
114 For a thorough analysis and more exhaustive exploration of examples see, R. France, “The
Influence of European Criminal Law on the Criminal Law of the Member States” (1994) 4
European Journal of Crime, Criminal Law and Criminal Justice 324; C. Harding, “The European
Communities and Control of Criminal Business Activities” (1982) International and
Comparative Law Quarterly 246.
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