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

“Each Member State shall take appropriate measures to ensure full application of all
the provisions of this Directive and shall in particular determine the penalties to be
applied for infringements of the measures adopted pursuant to this Directive.” 211
Likewise, Article 15 once again left Member States the option to adopt stricter measures
than the ones provided for by the Directive. Finally, Directive 91/477 on control of the
acquisition and possession of weapons called for the harmonisation of measures on
weapon control, namely for the purposes of hunting and target shooting. 212 Once again
the Directive made use of the usual formula and stated that
“Member States shall introduce penalties for failure to comply with the provisions
adopted pursuant to this Directive. Such penalties must be sufficient to promote
compliance with such provisions.” 213
Directive 89/592, which coordinated regulations on insider dealing, was a further
example of the Court’s influence in national criminal law. 214 The initial proposal made
by the Commission expressly required Member States to make insider dealing a criminal
offence. 215 The final draft was not as ambitious but still used a language that clearly
incentivised Member States to adopt a criminal approach to insider dealing. First, Article
2 stated that “Each Member State shall prohibit any person who” possesses inside
information by virtue of his membership, holding capital or access to information, from
taking advantage of that information. 216 Furthermore, Article 3 held that,
“Member States shall prohibit any person subject to the prohibition laid down in Article
2 who possesses inside information from: (a) disclosing that inside information to any
third party [or to] (b) recommend or procuring a third party on the basis of that
information […].”
211 Ibid.. For details on the debate on how much the Directive and follow up Directives could
push for the adoption of criminal measures, on the background of negotiations and on the legal
basis of the Directive, see V. Mitsilegas, Money Laundering Counter-Measures in the European
Union (The Hague/ London : Kluwer Law International, 2003) chapter 3.
212
Preamble of Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and
possession of weapons, OJ L 256/51 [1991].
213
Article 16, ibid..
214 Council Directive 85/592/EEC of 13 November 1989 coordinating regulations on insider
dealing, OJ L 334/30 [1989].
215 Roger France, “The Influence of European Community Law on the Criminal Law of the
Member States”, supra note 114, 340.
216
For more details see Article 2 Council Directive 85/592/EEC, supra note 214.
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