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Towards Effective Implementation of the EU Environmental Crime Directive? The Case of Illegal Waste Management and Trafficking Offences
Author(s) -
Pereira Ricardo
Publication year - 2017
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12207
Subject(s) - directive , environmental crime , european union , business , enforcement , jurisdiction , member states , law enforcement , member state , directive on privacy and electronic communications , consistency (knowledge bases) , law , political science , environmental planning , international trade , data protection directive , european union law , computer science , environmental science , artificial intelligence , programming language
The adoption of the European Union ( EU ) Environmental Crime Directive in 2008 marks a significant step in the EU 's process of integration. The Directive is unique in creating a supranational legal framework for harmonizing environmental criminal law. Yet there are a number of deficiencies in the Directive which may compromise its effective implementation and enforcement by the Member States. Particularly noteworthy is that the Directive does not define specific types and levels of penalties or any rules on prosecution or jurisdiction. This article analyses the main features of the illegal waste management and trafficking offences and penalties under the Environmental Crime Directive, and surveys the implementation of those offences by specific EU Member States. It aims to make a broader assessment of the consistency and effectiveness of the implementation of the Directive, assessing the implications that it may have on the enforcement of environmental law in the Member States.