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Regional Workshop Environmental Crime/Environmental ... - RENA

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The role of Misdemeanour offences in Croatian Enforcement Practice<br />

Why we still need environmental misdemeanour prosecution to support<br />

enforcement of environmental legislation?<br />

� Transposition of EU Directives into national legislation as such does not<br />

always ensure their proper implementation in practice<br />

� In Croatia as well as in many EU MS there are still weaknesses in<br />

environmental law enforcement<br />

� Weaknesses inside the administration:<br />

� lack of legal knowledge<br />

� lack of available legal support<br />

� shortcomings in administrative capacities<br />

� weak enforcement policy and practice<br />

� hiper production of regulations and rules<br />

The role of Misdemeanour offences in Croatian Enforcement Practice<br />

Weaknesses inside the judical system:<br />

� in most countries environmental issues are not regarded as a<br />

priority topic of misdeameanour courts<br />

� lack of natural / technical knowledge and awareness<br />

� shortcomings in judical / administrative capacities<br />

The role of Misdemeanour offences in Croatian Enforcement Practice<br />

Weaknesses outside the administration :<br />

� operators lack of legal knowledge<br />

� many operators want to escape obligations and are trying to find loopholes<br />

in the enforcement system of administrations<br />

� under-investment and delayed investment in necessary pollution-abatement<br />

infrastructure<br />

� in some cases these law violations involve large financial interests<br />

<strong>RENA</strong> Activity 1.2 RISP 1st <strong>Regional</strong> <strong>Workshop</strong>, 30-31 May 2011, Zagreb, Croatia<br />

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