Annulment of Framework Decision 2005/667/JHA : The EC`s Scope of Action in Preventing Ship-Source Pollution by the Introduction of Penalties

Abstract

The thesis deals with the consequences of the annulment of Framework Decision 2005/667/JHA. The Community sticks to criminal law as a necessary tool to enforce the Community rules on maritime saftey. Unfortunately, the legislative competences of the Community in criminal law are quite limited and unclear. The author therefore holds the opinion, that administrative sanctions on Community level should be introduced to enforce rules on maritime safety. In order to examine this alternative to criminal law, an analogy is drawn to the EC administrative sanctions in competition law and the agricultural sector.