The European Parliament And Of The Council

1219 Words Nov 16th, 2015 5 Pages
1. The European Commission presented a proposal for a Directive of the European Parliament and of the Council on April 26, 2006 regarding criminal measures aimed at ensuring the enforcement of intellectual property rights. After much discussion, the Council of Ministers adopted Directive XZY/07 by qualified majority on June 20, 2007. According to the Commission, the legal basis for the proposed Directive was former Article 95 EC (now Article 114 EUFT). The Commission sought to establish a harmonized, horizontal, criminal-law framework to ensure the enforcement of industrial, literary, and artistic property rights, and other similar incorporeal rights through the Directive. The Commission justified the proposed Directive saying it concerned the internal market and was prompted by the clear need for European-level action in this field.
In determining whether the adoption of the Directive on the basis of Article 95 EC was justified, it is first necessary to analyze Article 95 EC, as the treaty base is fundamental to the relative powers and ability of the other institutions to influence the content of European Union (EU) law. Additionally, the legal base, or the treaty base, determines the ‘players’ in the procedure and their level of participation. Article 95 EC does provide details of the procedure to be used in paragraph 1: “The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and…
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