Criminal Enforcement of Environmental Law in the European Union

by Faure, Michael

• ISBN13: 9789041123374
• ISBN10: 9041123377
• Format: Hardcover
• Copyright: 2005-10-13
• Publisher: Kluwer Law Intl

Summary

This book is the result of a project elaborated in cooperation between the IMPEL working group on criminal prosecution and METRO, with the goal of providing an insight into the systems and methods of criminal prosecution in environmental cases in practice. This book therefore provides an overview of criminal prosecution practice in environmental cases in Austria, Belgium, Denmark, Finland, Germany, Italy, The Netherlands, Portugal, Spain And The United Kingdom. it is based on the results of a comprehensive questionnaire that was answered by various experts in country reports. In addition, The book contains a detailed summary and comparison of the country reports. This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided. Both in the comparative overview and in the analysis, crucial issues with respect To The enforcement of environmental law are discussed, such as the criminal liability of corporations for environmental offences, The role of enforcing bodies and individuals in connection with environmental offences, The possibility of administrative or criminal penalties, The existence of instruments which prohibit individuals from carrying out similar activities, And The criminal liability for environmental offences by public servants and public authorities. Special attention is also given to transfrontier pollution incidents. In their concluding remarks, The editors of the book address the trend towards corporate criminal liability, discuss the difference between administrative and criminal enforcement of environmental law and also pay attention to current moves to achieve a European environmental criminal law.

Table of Contents

Introduction	ix
List of Contributors	xiii
Summary of Country Reports	1	(40)
Criminal liability of corporations for environmental offences	1	(6)
Corporate liability	1	(4)
Other possibilities and drawbacks	5	(1)
Criminal liability of directors / managers	6	(1)
The role of enforcing bodies and individuals in connection with environmental offences	7	(5)
The right to start a prosecution before the criminal court	8	(1)
The role of individuals, enforcing bodies, the police and the public prosecutor with respect to the investigation of environmental crime	8	(3)
The contribution of individuals and enforcing bodies to the proper regulation and enforcement of environmental law	11	(1)
Criminal penalties	12	(5)
Criminal sanctions that may be applied to those found liable for environmental offences and actual practice	12	(1)
(Un)popularity of specific sanctions	13	(4)
Administrative sanctions	17	(6)
General issues	17	(1)
Sanctions, character and relationship to criminal sanctions	17	(6)
Implementation and comments	23	(1)
Existence of instruments which prohibit individuals from carrying out a similar activity	23	(5)
General issues	23	(4)
Legal possibilities, character and institutions	27	(1)
Implementation, examples and special questions	27	(1)
Transfrontier pollution incidents	28	(1)
Criminal liability for environmental offences by public servants and public authorities	28	(9)
General issues	28	(3)
Criminal liability, prerequisites and other liabilities	31	(5)
Implementation and problems of criminal liability	36	(1)
Miscellaneous	37	(4)
Evaluation of the Answers	41	(46)
Criminal liability of corporations for environmental offences	41	(4)
Corporate criminal liability	41	(3)
Criminal liability of directors and managers	44	(1)
The role of enforcing bodies and of individuals in connection with environmental offences	45	(10)
General issues	45	(1)
The role of individuals, enforcing bodies, the police and the public prosecutor with respect to the investigation of environmental crime	46	(4)
powers of control versus investigation of a suspected crime	46	(1)
technical expertise and co-operation	47	(2)
administrative sanctions	49	(1)
Role of individuals and NGOs	50	(3)
influence of individuals on the criminal enforcement of environmental law: general	50	(1)
the right to start a prosecution before the criminal court	51	(2)
Summary and international perspective	53	(2)
Criminal penalties	55	(10)
Sanctions in environmental legislation	55	(1)
Tendency towards low fines in practice	56	(2)
Alternative criminal penalties	58	(2)
Reasons for low sanctions in environmental legal practice	60	(2)
Who imposes criminal sanctions?	62	(1)
International perspective	63	(2)
Administrative sanctions	65	(1)
Existence of instruments which prohibit individuals from carrying out a similar activity	66	(2)
General issue	66	(1)
Specific questions	67	(1)
Transfrontier pollution incidents	68	(5)
Examples	68	(1)
Specific `transboundary' problems	69	(1)
Effectiveness of existing treaties	70	(2)
International perspective	72	(1)
Criminal liability for environmental offences by public servants and public authorities	73	(4)
General issues	73	(2)
Addressees	75	(1)
Importance of the criminal provisions -- effects	76	(1)
Miscellaneous	77	(10)
Effectiveness of administrative sanctions as a deterrent	77	(4)
Tolerance in case of `technical breaches'	81	(3)
Information and the role of intelligence services	84	(3)
Concluding Remarks	87	(8)
Trend: towards corporate criminal liability	87	(2)
Administrative or criminal law?	89	(2)
Towards a European environmental criminal law?	91	(4)
List of References	95	(4)
Annex 1: Questionnaire	99	(4)
Impel ad hoc working group on criminal prosecution topics	99	(4)
Annex 2: Country Reports	103	(68)
Austria	103	(2)
Belgium	105	(6)
Denmark	111	(7)
Finland	118	(3)
France	121	(9)
Germany	130	(6)
Italy	136	(9)
The Netherlands	145	(4)
Portugal	149	(2)
Spain	151	(4)
Sweden	155	(4)
United Kingdom	159	(12)
Annex 3: Convention on the Protection of the Environment through Criminal Law	171	(10)
Annex 4: Resolutions of the XVth International Congress of Penal Law (Rio de Janeiro, September 4th--10th 1994)	181