Brussels, 06/05/2014 (Agence Europe) - The cross-border prosecution of traffic infringements did not last long: on Tuesday 6 May, the European Court of Justice annulled (case C-43/12) the directive on cross-border exchange of information between the member states on this subject, due to the incorrect legal basis. However, it has granted a stay of execution for one year to find a more appropriate legal basis in order to guarantee the objective of road safety pursued by the directive.
The Court of Justice decided to annul this European directive (2000/82/EU), which entered into force in November of last year and allows the member states access to information on the registration of vehicles in other member states in order to be able to bring proceedings against foreign drivers who have, within their territory, committed one or more of the eight infringements laid down in the directive (speeding, failing to stop at a red traffic light, drink-driving, failing to wear a seatbelt or crash helmet, driving under the influence of alcohol or drugs, illegally using a mobile telephone while driving).
In their verdict, the European judges agree with the Commission, which criticises the fact that the Council and the Parliament had chosen as the legal basis for the directive (and for the exchange of information this brings about) the EU's competences in the field of police cooperation, whereas its proposal based the directive on the Union's competence in transport safety. According to the Court, the directive is not directly related to the aims of police cooperation as these focus on developing a common policy on asylum, immigration and external border control, as well as the prevention of crime, racism and xenophobia. Its major objective, according to the judges, is to improve road safety and the information exchange system it brings about is the instrument whereby this objective is pursued. The Court therefore concludes that the directive should have been adopted on this basis and recommends the adoption of a new directive.
Although the directive has now been annulled, its effects will remain in place for another year (a period deemed “reasonable” for a new proposal to be adopted), as the Court holds that sudden interruption could have negative consequences on the EU transport policy and, in particular, on improving road safety. It has therefore given the Commission one year to adopt a new directive on the correct legal basis.
Noting that the Court has agreed with the Commission's opinion as to the legal basis for the directive, Commissioner Siim Kallas (transport) said that the Commission would get to work as soon as possible to make the necessary technical changes to the text. (MD)