ENVIRONMENT CRIMINAL LAW IN TODAY EUROPEAN UNION

Ion Flămînzeanu
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Ion Flămînzeanu: University “Spiru Haret”, Faculty of Law, Bucharest

Contemporary Legal Institutions, 2012, vol. 4, issue 1, 109-113

Abstract: Environment crime is among the European Union’s central concerns. The Tampere European Council of 15 and 16 October 1999 at which a first work program for the European Union action in the field of Justice and Home Affairs was adopted asked that efforts be made to adopt common definitions of offences and penalties focusing on a number of especially important sectors, amongst them environment crime. But despite this agreement about the importance of joint the European Union action, environmental criminal law has become the centre of a serious institutional fight between the European Commission, supported by the European Parliament on the one hand and the Council, supported by the great majority of the European Union member states on the other hand. At stake is nothing less than the distribution of powers between the first and the third pillars, and therefore also between the Commission and the European Union’s member states. The effect of this fight is currently a legal vacuum on general environmental criminal law that was closed with the Directive 2008/99/CE, taking into consideration the cross-border dimension of environmental crime and the existing significant differences in the national legislation of the European Union member states.

Keywords: Tampere European Council; common definition of offences; third pillars; enviromental crime (search for similar items in EconPapers)
Date: 2012
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