Naslov
Challenges in regulating environmental crimes

Autori
Luttenberger, Axel ; Runko Luttenberger, Lidija

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
7th International Maritime Science Conference (IMSC2017) : proceedings / Vidan, P. ; Račić, N. - Split : Pomorski fakultet Sveučilišta u Rijeci, 2017, 213-220

Skup
7th International Maritime Science Conference (IMSC2017)

Mjesto i datum
Solin, Hrvatska, 20.04.2017. - 21.04.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
environmental crimes, regulation, environmental protection, implementation

Sažetak
Environmental crimes can be broadly defined as illegal acts that directly harm the environment. Often perceived as victimless and incidental crimes, environmental crimes frequently rank low on the law enforcement priority list, and are commonly punished with administrative sanctions which are themselves often unclear and minor. The paper is pointing to the relevance of the Directive 2009/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (ECD) which itself is not as an instrument of criminal law, as the provision on environmental liability can help prevent environmental crime by making perpetrators liable for consequences of their action and clean-up measures. The lack of legal certainty may also be a weakness in ECD which defines what constitutes an environmental crime by reference to a behaviour being unlawful under other directives. Also, it implies that the definition of environmental crime depends upon the violation of national legislation implementing the environmental acquis. In authors’ opinion proper interrelationship between criminal law and non-criminal law enforcement avenues are of utmost importance to achieve the objectives of environmental protection more effectively.

Izvorni jezik
Engleski

Znanstvena područja
Interdisciplinarne tehničke znanosti, Pravo

POVEZANOST RADA