Nota de subsol 13: In its Resolution of June 29, 1995 cited above, the Council encouraged the Commission to include provisions on penalties where necessary in future legislation. Since the adoption of art. 83 (2) TFEU with the Lisbon Treaty there is no doubt that the EU can dictate what penalties Member States must adopt, even criminal sanctions, see M. Dougan, „From the Velvet Glove to the Iron Fist: Criminal Sanctions for the Enforcement of Union Law” in M. Cremona (ed.), Compliance and the Enforcement of EU law (Oxford, Oxford University Press, 2012), pp. 74-131. Of the secondary acts mentioned in the previous note, Directive 2008/99 and Directive 2014/57 require the Member States to adopt criminal sanctions, and the latter direct even specifies how sever the sanctions should be. Another example of very detailed rules on penalties is Directive 2013/50 amending the Transparency Directive, 2004/109.
Karsten Engsis Sorensen
(Member States’ Implementation of Penalties to Enforce EU law: Balancing the Avoidance of Enforcement Deficits and the Protection of Individuals, European Law Review, decembrie 2015, la p. 813)