The ecocrime directive and its translation into legal practice

2017 ◽  
Vol 8 (2) ◽  
pp. 236-255
Author(s):  
Giovanni F. Perilongo ◽  
Emanuele Corn

Directive 2008/99/EC, on the protection of the environment through criminal law, was approved after fierce dispute among European institutions. Its aim was to harmonise the definition of environmental offences in the EU and to ensure that they would be punished with ‘proportionate, effective and dissuasive’ criminal sanction. The authors, after having outlined the notion of environmental crime that the harmonisation instrument wishes to combat, critically assess its policy objectives and investigate the legal and practical outcomes of its implementation. In the final paragraph, they discuss the challenges faced by national authorities when trying to translate such supranational legislation into court practices.

elni Review ◽  
2018 ◽  
pp. 28-28
Author(s):  
Nicola Below

The book “Environmental Crime in Europe” by the editors Andrew Farmer, Michael Faure and Grazia Maria Vagliasindi is the second edited volume of the the EU-project “European Union Action to Fight Environmental Crime" (EFFACE). The book is a follow-up to the results of the research strand of EFFACE dealing with actors, instruments and institutions involved in the fight against environmental crime and goes beyond a mere technical implementation study. The aim of this collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States, from a technical and practical point of view. This article reviews the book.


2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".


Author(s):  
Mathias Möschel

This chapter analyses Italian case law on racial harassment in the employment context but also beyond. NGOs, in particular, are using this new tool to fight against race discrimination. In a legal system which is not necessarily known for being at the forefront of anti-discrimination law, such a success may seem surprising. I argue that, at least in Italy, the prohibition on racial harassment has the advantage of overcoming pre-existing limitations of fighting racism via criminal law for certain cases. Moreover, the definition of harassment as derived from the EU anti-discrimination law directives avoids some of the interpretational difficulties related to direct and indirect discrimination. Thus, the case law analysed here could set an example beyond the national borders and also shed more light on a concept which has so far been flying under the radar in European anti-discrimination law.


2021 ◽  
Author(s):  
Vanessa Kisseler

Combating waste crime is of current importance due to the harmonisation of environmental criminal law within the EU through the Environmental Crime Directive (2008/99/EC) and latest legislative amendments. This monograph analyses the implementation of European and international provisions on waste offences in Germany and England in order to evaluate the process of harmonisation. It examines practical questions and provides guidance for a more effective handling of complex harmonised criminal provisions. Finally, the monograph implies an outlook on the harmonised rules on waste crime with special regard to the UK’s withdrawal from the EU. Thus, it may be of relevance to future legislative amendments of e.g. the Environmental Crime Directive.


Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 113-132
Author(s):  
Ana Batricevic

Ecological criminal offences, the most serious forms of harming and threatening of environment or its integral parts, represents a global phenomenon of great social hazard. They are often connected with organized transnational criminality, criminal offences against life and bodily integrity, corruption, tax evasion and discrimination. Disputable nature of the subject these incriminations protect imposes a question: ?Who are the victims of ecological criminal offences - individuals, social groups, entire society or environment as value per se?? Perceiving ecological criminal offences as victimless crimes diminishes their importance and the circle of subjects interested to unveil, prove, prevent, suppress and impose punishments for these offences. Therefore, the author discusses the sustainability of the traditional, anthropocentrically defined term of victim in the context of biocentrism and its growing influence on criminal law, criminology and victimology. Attempting to determine whether ecological criminal offences represent victimless crimes, the author analyzes their term, characteristics and significance. Starting from the traditional definition of victim, she analyzes the term of ?victimless crimes? and its (un)sustainability in the context of environmental crime, focusing on its most frequent victims and the necessity of their protection.


2021 ◽  
Author(s):  
Maksymilian Michał Kuźmicz

The article deals with the anti-money laundering (AML) law in the context of current socio-economic changes, especially digitalisation. Firstly, the EU AML system is characterised. It consists of regulations concerning financial sector security, monitoring of transactions, ensuring traceability of resources (5th AMLD), and a limited harmonisation in the area of criminal law (6th AMLD). Secondly, the Polish AML legislation, mostly the AML bill of 2018, the penal code, and the code of criminal procedures, is reviewed in order to access its coherence with the European law. In conclusion, the EU law is implemented by Poland, especially when it comes to the definition of money laundering. However, there are two significant differences. Polish definition of the virtual currency is much more strict, which exclude from the scope of AML law multiple instruments. The second one is the set of entities obliged to disclose beneficial owners. EU AML rules require all legal entities to comply with that duty when in Poland it is limited only to companies not owned by the state, which increase the risk om money laundering.


2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.


2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.


Author(s):  
Natalia Popova

The concept of Europeanization has become quite fashionable in EU studies in recent years. It is often used for the analysis of the relations between the EU and non-member states. The aim of the article is to examine the possibilities of its application in explaining the relationship between the EU and Ukraine. The structure of the article is as follows: firstly, the concept of Europeanization is defined considering such two disputable issues as distinguishing among concepts of Europeanization and European integration as well as Europeanization and EU-ization. Next, the evolution of the theoretical research of Europeanization and definition of this concept are analyzed. Two main mechanisms of Europeanization (conditionality and socialization) are examined. The author considers main approaches to the analysis of the "external" Europeanization emphasizing the concept of "external governance". Three groups of factors which influence the effectiveness of Europeanization are briefly analyzed. And finally, the peculiarities of application of the Europeanization concept to the Ukraine-EU relations are outlined. Keywords: EU, Ukraine, Europeanization, EU-ization, ‘external’ Europeanization, conditionality, socialization, concept of ‘external governance’


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