Good news for the rule of law – 21 dropped charges and 1 acquittal on EU law in the same week
The purpose of our intensified effort is to reduce the number of blemishes on the criminal records of farmers and related business operators. Not just reduce the fines. There are indications that we are well on our way. In February last year, we went public in the press and told about our 101 won EU criminal cases out of 104 in 2.5 years. And in January this year, the Public Prosecutor’s Office in Funen dropped approximately 800 EU criminal cases against our clients. So we are approaching a thousand.
At the beginning of May, we were notified of a total of 21 dropped charges and 1 acquittal. In one and the same week. We are particularly proud of the acquittal, as a transport company had been convicted in the district court. When things are not sufficiently investigated, they cannot result in punishment. The State Prosecutor thereby made the right decision to call for acquittal. Even though the company had been convicted in the district court.
It is an EU requirement that agricultural and environmental rules must be predictable
The primary EU law contains a principle, which is an important principle for businesses throughout the sector, that the application of EU rules in the member states must be predictable. That principle is violated every time a farmer is charged with circumstances he cannot help, that others get away with, or that have not been sufficiently investigated.
According to our observations, the regulation of agriculture also contains a long series of other unpredictable regulations that may conflict with EU law: retention cards that change from year to year, the tripartite system that involves applying for burdensome schemes, even though they have not yet been politically adopted, etc. Here, the primary EU law comes in handy. Because the primary EU law lets the law move minds in the heart of Danish agricultural and environmental policy. For example, in the EU Court of Justice’s own words, to establish that it is a requirement that the agricultural and environmental rules’ “application is predictable for the companies”.
Legal uncertainty in agriculture is therefore our next goal to eradicate.