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- Title
Entwurf einer legislativen Entschließung des Europäischen Parlaments zu dem Vorschlag für eine Richtlinie des Europäischen Parlaments und des Rates über den strafrechtlichen Schutz der Umwelt und zur Ersetzung der RL 2008/99/EG, 28. 3. 2023.
- Authors
Janik, Ralph
- Abstract
The article deals with the draft of a legislative resolution of the European Parliament on the revision of the Directive on the criminal protection of the environment. The focus is on the introduction of the term "ecocide" and the idea of prosecuting particularly serious environmental crimes under international criminal law. Environmental crimes are seen as a rapidly growing form of criminality, where legitimate business practices are often difficult to distinguish from criminal structures. The current directive has proven to be ineffective, so criminal law should play a greater role in environmental protection. The European Parliament's proposal to combat environmental crimes includes six objectives, including improving the effectiveness of investigations and prosecutions, ensuring adequate sanctions and penalties, and promoting cross-border investigations. The proposal aims to use criminal law as an additional tool to combat environmental offenses and to create a general framework for environmental crimes. The term "ecocide" is used as a reference term for aggravating circumstances. The European Parliament even goes further and refers to the efforts of the United Nations to define "ecocide". The European Union is thus a pioneer in environmental protection. The directive proposal for criminal environmental protection in the EU is considered a revolutionary, but primarily symbolic step. It is pointed out that due to its complexity and the multitude of perpetrators, it is difficult to regulate climate change under criminal law. It is also noted that the proposal does not explicitly mention sustainability, although there have been attempts to include it. It is emphasized that the criminal protection of the environment makes a significant contribution to sustainability.
- Subjects
INTERNATIONAL criminal law; EUROPEAN Parliament; ENVIRONMENTAL crimes; ENVIRONMENTAL protection; CRIMINAL law; LEGISLATIVE resolutions; INTERNATIONAL crimes; EUROPEAN Union; UNITED Nations
- Publication
Nachhaltigkeitsrecht, 2023, Issue 3, p357
- ISSN
2708-9649
- Publication type
Article
- DOI
10.33196/nr202303035701