Regional Workshop Environmental Crime/Environmental ... - RENA

RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Judgment of the European Court of Justice
of 2005 (C-176/03)
• Annulment of the Framework Decision 2003/80/JHA
(wrong legal basis)
• Criminal competence in the first pillar under the
following conditions:
- Existence of a certain EC policy
- Aim: combating serious criminality in this area
- Necessity and effectiveness of such an action
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Judgment of the European Court of Justice
of October 2007 (C-440/05)
• Confirmation of the Community`s competence to adopt
criminal law related measures where this is essential
for the implementation of one of its policies
• But: no competence to define nature and level of
criminal sanctions
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Directive 2008/99/EC: objective and general
obligations for the Member States
• Set out minimum requirements relating to criminal law in
the Member States in order to ensure better protection of
the environment
• The proposed offences will have to be considered criminal
offences in the Member States
• Inciting, aiding and abetting must be punishable too
• Member States must put in place dissuasive,
proportionate and effective criminal sanctions
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