Identificador: imarina:9282193
Autors: Marquès Banqué, Maria
Resum:
This chapter analyses the degree of the European Union’s (EU) compliance with international law regarding environmental crime. The analysis focuses on the use of criminal law and particularly on the criminal sanctions that may be imposed on individuals in case of non-compliance with the obligations set out in a series of relevant Multilateral Environmental Agreements (MEAs). An analysis of the MEAs and of related European legislation shows the impact of Directives 2008/99/EC and 2009/123/EC on the criminalization of non-compliance with the MEAs. This impact is especially relevant in cases in which the international and European mandates are particularly weak in terms of the imposition of sanctions. However, the analysis suggests the presence of major gaps and a low level of harmonization of sanctions in relation to environmental crime, which in turn has a negative impact on effective protection of the environment and compliance with international law. Taking into account the evolution of European criminal law, the chapter addresses areas in need of improvement and suggests two ways in which the political influence of the EU could be reinforced and its regulatory power over international environmental governance strengthened.
Repositori URV