Regional Workshop Environmental Crime/Environmental ... - RENA

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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 Implementation – PENALTIES • The question of what is “effective, proportionate and dissuasive” • No strong normative indications, but only some guidance in the implementation process is needed, based on doctrine and practical experiences in some MS • No “one size fits for all” solution at the level of EU; Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – PENALTIES • Proportionality – relation offence (value) and penalty (size and type) • Dissuasiveness – general (legislative) and individual level • Effectiveness – deterrence and restoration / prevention harm Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – PENALTIES • Criminal vs. administrative penalty – cases not prosecuted through criminal procedure could benfit from imposition of an administrative fine • Inciting, aiding and abetting • Mens rea (e.g.: intention or at least serious negligence) 6
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 Implementation – PENALTIES • Type and magnitude of the penalties • Characteristics of the country • Enforcement Directive 2008/99/EC on the Protection of the Environment through Criminal Law For more information please visit our website: http://ec.europa.eu/environment/crime/index.htm Thank you for your attention! 7
Page 1 and 2: The European Union’s Instrument f
Page 3 and 4: RENA Activity 1.2 RISP 1 st Regiona
Page 5 and 6: Working Group 1 Strategic Planning
Page 7 and 8: This Project is funded by the Europ
Page 9 and 10: The need for environmental crime pr
Page 11 and 12: First ruling of the European Court
Page 13 and 14: Types of environmental criminal off
Page 15 and 16: Further criminal offences related t
Page 17 and 18: Directive 2008/99/EC on the Protect
Page 19 and 20: RENA Activity 1.2 RISP 1st Regional
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Page 25 and 26: International Environmental Crimes
Page 27 and 28: Breeding a culture of lawlessness a
Page 29 and 30: Environmental crime and human right
Page 31 and 32: REGIONAL ENVIRONMENTAL NETWORK FOR
Page 33 and 34: Case three stages to reach criminal
Page 35 and 36: THANK YOU FOR YOUR ATTENTION RENA A
Page 37 and 38: with what 7 golden W (w)how why wha
Page 39 and 40: Karl Frauenberger Criminal Intellig
Page 41 and 42: Investigation by administrative aut
Page 43 and 44: illegal disposal of solid waste Pos
Page 45 and 46: Findings and Investigation by the P
Page 47 and 48: Environmental Crimes in Croatian le
Page 49 and 50: Environmental Crimes (Chapter 19 in
Page 51 and 52: Top environmental crimes (according
Page 53 and 54: Regional Environmental Network for
Page 55 and 56: Expert Witness Function • Assumpt
Page 57 and 58: General observations of the Court t
Page 59 and 60: Environmental Misdemeanour Practice
Page 61 and 62: Most frequent Misdemeanour Cases in
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Page 65 and 66: Case 2: IPPC Installation; Waste Ac
Page 67 and 68: Case 3: IPPC site and Water Act Fac
Page 69 and 70: Environmental Crime/Environmental L
Page 71 and 72: The role of Misdemeanour offences i
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The role of Misdemeanour offences i
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RENA Activity 1.2 RISP 1st Regional
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EU Liability Directive 2004/35/EC
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Limited scope of the Directive II
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How to remedy environmental damage?
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Member State Experience: Germany II
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Dr. Fritz Kroiss Environment Agency
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1.2 One of the conclusions of the r
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Environmental liability enforcement
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