Such a legal basis is also needed when the national prosecution is based on a Regulation. While Regulations should not be implemented into national law, because they have direct effect, the ECJ has held that a Regulation cannot form the basis of criminal liability without a national legal basis (cu trimitere la C-60/02, paragrafele 60-62). This holding should be followed by the national systems, irrespective of the obligations of the national legality principle.
(The Principle of Legality in European criminal law, ed. Intersentia, decembrie 2015, la p. 181)