Exchanging Information on Road Traffic Offences: A Measure of Police Cooperation or Transport Policy? Case Note on C-43/12 Commission v Parliament and Council
| Date | 01 March 2016 |
| Published date | 01 March 2016 |
| Author | Niovi Vavoula |
| DOI | 10.1177/203228441600700108 |
| Subject Matter | Case Notes |
New Journal of Eu ropean Crimina l Law, Vol. 7, Issue 1, 2016 113
EXCHANGING INFORMATION ON ROAD
TRAFFIC OFFENCES: A MEASURE OF POLICE
COOPERATION OR TRANSPORT POLICY?
Case note on C-43/12 Commission v
Parliament and Council
N V*
ABSTRACT
e present case note examines the judgment of the CJEU concerning the legal ba sis of
an EU i nstru ment es tabli shing an inform ation e xchang e syste m for roa d-tra c o ences
(C-43/12 Commission v Parliament and Council). e case arose from the
interinstitutional battle between the Commission on the one hand and the Parliament
and Council on the other, whereby the former conside red that such a scheme forms part
of the EU transport policy, while the latter opined that it con stitutes a standard police
cooperation measure. In this context, this case note maps the historical background
behind the case from the release of proposal for a directive by the Commission to the
adoption of a Framework Decision instead and the institution of infringement
proceedings before the CJEU. en, the con icting opinions of the parties, the Advoc ate
General and the Grand Chamber are analysed, followed by comme ntary.
Keywords: information excha nge; legal basis; police cooperation; road tra c o ences
INTRODUCTION
Does the establish ment of an EU information exchange mecha nism for road-tra c
o ences constitute an instru ment of criminal law or tra nsport policy? at i s the
question that the Cour t of Justice of the EU (CJEU) was faced with in the recent case
* Research Assi stant and Ph.D. Candid ate at Queen Mary, University of L ondon (School of Law). e
author is i ndebted to Pr of. Valsami s Mitsilega s for his va luable comme nts on an earl ier dra of this
case note.
To continue reading
Request your trial