It shouldn't need to be explicit when the enforcement agency has the discretion of deciding appropriate action and whether or not to prosecute. Otherwise there'

It shouldn't need to be explicit when the enforcement agency has the discretion of deciding appropriate action and whether or not to prosecute. Otherwise there's no discretion and they become rubber-stamp agency. By the same token UK law doesn't include warnings in the Acts for offences that almost always get a warning or caution on first offence, e.g. possession of class B drugs. When you get to actual penalties, all EU law has the principle of proportionality under it, and has since about the sixties. I know it's written into some treaty or other. There's been countless appeals to the EU courts that some penalty or other was disproportionate.