The Bundesrat

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA

Scrutiny details

Subsidiarity deadline: 21/11/2017
Scrutiny Information

Scrutiny date: 03/11/2017

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions
Internal Affairs
Legal Affairs

Lisbon Treaty procedures
  Political Dialogue

03/11/2017 | Scrutiny results - COM20170489

The field of criminal law is particularly important for member states’ sovereign rights. Hence, the EU’s narrowly defined competencies in this regard should be used with caution. The Bundesrat is skeptical toward a blanket inclusion of “virtual currencies” into the scope of the criminal law’s protection as it is, at the present stage, unclear to what extent they present a legal position analogous to an actual asset. Prosecutorial practice until now has not shown any cases that would warrant legislative action. Furthermore, “virtual currencies” lack the official guarantee of authenticity and value stability. The Bundesrat points out that Article 4 of the proposal would create a criminal liability long before an actual pecuniary loss has taken place. A blanket order of criminal liability for a mere attempt, as proposed in Article 7 para. 2, is met with concern by the Bundesrat. Moreover, the Bundesrat deems problematic the extension of the scope of application of criminal law as proposed in Article 11 para. 1 lit. c.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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