Study on measures other than criminal ones in cases where

3,18

MB

environmental Community law has not been respected in a few

300

stron

candidate countries

2567

ID

Milieu Ltd

2005

rok

Table of contents

I. Introduction .. 3

II. Executive summary . 5

III. Comparative overview of non-criminal sanctions .. 7

III.1. Types of enforcement systems .. .. 7

III.2. Cumulation between the different systems of sanctions 8

III.3. Unification vs. fragmentation of the sanction elements in the environmental administrative law

. 9

III.4. Comparative analysis of the administrative sanctions . 11

III.5. Fine .. 22

III.6. General principles behind the administrative environmental law sanctions 24

III.7. Is there a different pattern of administrative sanctions concerning the protection of different

environmental media? .. 26

III.8. Public participation in environmental administrative law enforcement 28

III.9. Comparison with civil law sanctions . 29

III.10. The role of prosecutors and ombudsmen in environmental enforcement 30

IV. Analysis of the effectiveness (including the experiences of case studies) 32

IV.1. Lessons learned from the case studies 32

IV.2. Comparative statistical data on environmental law enforcement . 32

IV.3. Deterrent effect, recidivism 35

IV.4. Level of tolerance, possibility to negotiate with the non-compliant 36

IV.5. Social disapproval 37

IV.6. Inter-agency communication .. 38

IV.7. Summary of the practical experiences on the main effectiveness factors in a table .. 39

V. Conclusions, suggestions . 41

V.1. The main conclusions .. 41

V.2. The main suggestions .. 42

V.3. Detailed suggestions on problems with effectiveness of environmental law enforcement 44