| | Criminal Enforcement of Environmental Law in the European |
| | 0,44 | | MB | Union |
| | 224 | | stron |
| | 331 | | ID | European Union Network for the Implementation and Enforcement of |
| | 2003 | | rok | Environmental Law |
| | I. Introduction. 9 |
| | II. Summary of country reports .. 13 |
| | § 1. Criminal liability of corporations for environmental offences . 13 |
| | A. CORPORATE LIABILITY. 15 |
| | B. OTHER POSSIBILITIES AND DRAWBACKS. 15 |
| | C. CRIMINAL LIABILITY OF DIRECTORS/MANAGERS 16 |
| | § 2. The role of enforcing bodies and individuals in connection with environmental offences 17 |
| | A. THE RIGHT TO START A PROSECUTION BEFORE THE CRIMINAL COURT . 17 |
| | B. THE ROLE OF INDIVIDUALS, ENFORCING BODIES, THE POLICE AND THE PUBLIC |
| | PROSECUTOR WITH RESPECT TO THE INVESTIGATION OF ENVIRONMENTAL CRIME 19 |
| | C. THE CONTRIBUTION OF INDIVIDUALS AND ENFORCING BODIES TO THE PROPER |
| | REGULATION AND ENFORCEMENT OF ENVIRONMENTAL LAW .. 20 |
| | § 3. Criminal penalties 21 |
| | A. CRIMINAL SANCTIONS THAT MAY BE APPLIED TO THOSE FOUND LIABLE FOR |
| | ENVIRONMENTAL OFFENCES AND ACTUAL PRACTICE.. 21 |
| | B. (IM)POPULARITY OF SPECIFIC SANCTIONS. 23 |
| | § 4. Administrative sanctions .. 23 |
| | A. GENERAL ISSUES .. 23 |
| | B. SANCTIONS, CHARACTER AND RELATIONSHIP TO CRIMINAL SANCTIONS 26 |
| | C. IMPLEMENTATION AND COMMENTS. 27 |
| | § 5. Existence of instruments which prohibit individuals from carrying out a similar activity. 28 |
| | A. GENERAL ISSUES .. 28 |
| | B. LEGAL POSSIBILITIES, CHARACTER AND INSTITUTIONS .. 30 |
| | C. IMPLEMENTATION, EXAMPLES AND SPECIAL QUESTIONS.. 30 |
| | § 6. Transfrontier pollution incidents 31 |
| | § 7. Criminal liability for environmental offences by public servants and public authorities.. 33 |
| | A. GENERAL ISSUES .. 33 |
| | B. CRIMINAL LIABILITY, PREREQUISITES AND OTHER LIABILITIES.. 35 |
| | C. IMPLEMENTATION AND PROBLEMS OF CRIMINAL LIABILITY 36 |
| | § 8. Miscellaneous .. 37 |
| | III. Evaluation of the answers. 41 |
| | § 1. Criminal liability of corporations for environmental offences . 41 |
| | A. CORPORATE CRIMINAL LIABILITY 41 |
| | B. CRIMINAL LIABILITY OF DIRECTORS AND MANAGERS.. 43 |
| | § 2. The role of enforcing bodies and individuals in connection with environmental offences 44 |
| | A. GENERAL ISSUES .. 44 |
| | B. THE ROLE OF INDIVIDUALS, ENFORCING BODIES, THE POLICE AND THE PUBLIC |
| | PROSECUTOR WITH RESPECT TO THE INVESTIGATION OF ENVIRONMENTAL CRIME 45 |
| | 1. Powers of control versus investigation of a suspected crime.. 45 |
| | 2. Technical expertise and cooperation 46 |
| | 3. Administrative sanctions 47 |
| | C. ROLE OF INDIVIDUALS AND NGO'S.. 49 |
| | 1. Influence of individuals on the criminal enforcement of environmental law: general.. 49 |
| | 2. The right to start a prosecution before the criminal court 50 |
| | D. SUMMARY AND INTERNATIONAL PERSPECTIVE 51 |
| | § 3. Criminal penalties 53 |
| | A. SANCTIONS IN ENVIRONMENTAL LEGISLATION 53 |
| | B. TENDENCY TOWARDS LOW FINES IN PRACTICE . 54 |
| | C. EFFECTIVENESS OF THE CRIMINAL PENALTIES 56 |
| | D. REASONS FOR LOW SANCTIONS IN ENVIRONMENTAL LEGAL PRACTICE. 58 |
| | E. WHO IMPOSES CRIMINAL SANCTIONS? 59 |
| | F. INTERNATIONAL PERSPECTIVE.. 60 |
| | § 4. Administrative sanctions .. 61 |
| | § 5. Existence of instruments which prohibit individuals from carrying out a similar activity. 62 |
| | A. GENERAL ISSUE. 62 |
| | B. SPECIFIC QUESTIONS.. 63 |
| | § 6. Transfrontier pollution incidents 63 |
| | A. EXAMPLES. 63 |
| | B. SPECIFIC "TRANSBOUNDARY" PROBLEMS .. 64 |
| | C. EFFECTIVENESS OF EXISTING TREATIES 66 |
| | D. INTERNATIONAL PERSPECTIVE.. 67 |
| | § 7. Criminal liability for environmental offences by public servants and public authorities.. 68 |
| | A. GENERAL ISSUES .. 68 |
| | B. ADDRESSEES 69 |
| | C. IMPORTANCE OF THE CRIMINAL PROVISIONS - EFFECTS . 69 |
| | § 8. Miscellaneous .. 70 |
| | A. EFFECTIVENESS OF ADMINISTRATIVE SANCTIONS AS A DETERRENT .. 70 |
| | B. TOLERANCE IN CASE OF "TECHNICAL BREACHES".. 73 |
| | C. INFORMATION AND THE ROLE OF INTELLIGENCE SERVICES . 75 |
| | IV. Concluding remarks .. 77 |
| | List of references . 81 |
| | Annex 1: |
| | Questionnaire 85 |
| | Annex 2: |
| | Country reports 89 |
| | § 1. Austria .. 91 |
| | § 2. Belgium 93 |
| | § 3. Denmark..99 |
| | § 4. Finland108 |
| | § 5. Germany112 |
| | § 6. Italy 119 |
| | § 7. The Netherlands .129 |
| | § 8. Portugal ..134 |
| | § 9. Spain.137 |
| | § 10. Sweden.142 |
| | § 11. United Kingdom148 |
| | Annex 3: |
| | Convention for the protection of the environment through criminal law.159 |
| | Annex 4: |
| | Resolutions of the XVth International Congress of Penal Law (Rio de Janeiro, September 4-10th |
| | 1994)..171 |
| | Annex 5: |
| | Impel Directory: Responsible Bodies for Investigation and prosecution .179 |
| | Brief description of national systems of investigation and prosecution of environmental crime 192 |