Regional Workshop Environmental Crime/Environmental ... - RENA

First ruling of the European Court of Justice on the
competence of EU in the field of environmental crimes
= Clarification that there IS an EU competence regarding environmental crimes:
“Although, as a general rule, neither criminal law nor the rules of criminal
procedure fall within the Community’s competence, that does not prevent the
Community legislature … from taking measures that relate to the criminal law of
the Member States which it considers necessary in order to ensure that the rules
which it lays down on environmental protection are fully effective”
(Judgment of the Court of Justice in Case C-176/03, September 2005)
Second ruling of the European Court of Justice on the
competence of EU in the field of environmental crimes
= Clarification that there is no competence for prescribing detailed minimum
sanctions per criminal offence:
“… By contrast, the Court finds that the determination of the type and level of the
criminal penalties to be applied does not fall within the Community’s sphere of
competence…”
So the quantum of criminal penalties had to be left out of the scope of the
Directive !!
(Judgment of the Court of Justice in Case C-440/05 of 23 Oct 2007)
Eventual future amendment of the
Environmental Crimes Directive
With the entering into force of the Lisbon Treaty the legal basis for future
definition of minimum sanctions (e.g. “minimum one year prison”) is now in
place:
“If the approximation of criminal laws and regulations of the Member States
proves essential to ensure the effective implementation of a Union policy in an
area which has been subject to harmonisation measures, directives may
establish minimum rules with regard to the definition of criminal offences and
sanctions in the area concerned. “
(Art. 83 par 2 Treaty on the Functioning of the EU)
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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