In the Commission’s opinion, the distribution of powers between the first and the first pillar should be as follows: the provisions of criminal law required ‘for the effective implementation of Community law’ should be adopted under the first pillar, while 'horizontal' criminal law provisions (to encourage police and judicial cooperation, including measures on the harmonisation of criminal law in the context of the area of freedom, security and justice) should be adopted under the third pillar.
In the Commission’s opinion, the distribution of powers between the first and the first pillar should be as follows: the provisions of criminal law required ‘for the effective implementation of Community law’ should be adopted under the first pillar, while 'horizontal' criminal law provisions (to encourage police and judicial cooperation, including measures on the harmonisation of criminal law in the context of the area of freedom, security and justice) should be adopted under the third pillar.