Publication details
Protection of the Environment through Criminal Law at European Community Level
| Authors | |
|---|---|
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | The Role and Place of Law in a Society based on Knowledge |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | environmental criminal law; Directive; liability |
| Description | Crime liability has a position of so-called ultima ratio, the last instance. Within the environmental protection the liability on administrative delict is being primarily applied in Member States. In the last years there is an increasing number of acts which infringe environmental legislation in serious way and moreover, of damages caused by these illegal acts which both have very often cross border impacts. In accordance with requirement stipulated in the Article 174 EC Treaty to ensure a high level of protection of the environment the necessity to integrate approach to environmental crimes arose. After all, not very effective implementation policy of Member States related to environment protection and the judgement of European Court of Justice supported the Commission effort to take measures in relation to the Member States' criminal law where the application of criminal penalties is an essential measure for combating serious environmental crimes and finally, the Directive on the Protection of the Environment through Criminal Law has been adopted as a result. The main purpose of my article is to introduce this Directive, describe steps which led to its passing and mention the results of adoption of Directive to national legislation. |