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Criminal Sanctions in the Field of EU Environmental Law

Öberg, Jacob LU (2012) In New Journal of European Criminal Law 2. p.402-425
Abstract
The core aim of this Article is to analyse whether it was an appropriate decision from a criminal policy perspective to adopt the Environmental Crime Directive. The Article asks the basic question whether the Union should enforce Union environmental law by means of criminal sanctions. In this regard it is claimed that, according to the principle of ultima ratio, the Union legislator may only require that an act is criminalised if it is necessary to protect a fundamental European interest, and only on the condition that all other measures have proved insufficient to safeguard that interest. The Article therefore examines whether criminal law measures is suitable for the enforcement of Union environmental rules and secondly if there are... (More)
The core aim of this Article is to analyse whether it was an appropriate decision from a criminal policy perspective to adopt the Environmental Crime Directive. The Article asks the basic question whether the Union should enforce Union environmental law by means of criminal sanctions. In this regard it is claimed that, according to the principle of ultima ratio, the Union legislator may only require that an act is criminalised if it is necessary to protect a fundamental European interest, and only on the condition that all other measures have proved insufficient to safeguard that interest. The Article therefore examines whether criminal law measures is suitable for the enforcement of Union environmental rules and secondly if there are other measures which are equally effective in enforcing Union environmental law as criminal sanctions. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
New Journal of European Criminal Law
volume
2
pages
24 pages
publisher
SAGE Publications
ISSN
2032-2844
language
English
LU publication?
yes
id
d51ba8c1-8216-4a3c-8685-a792c50c3cbf
date added to LUP
2018-09-05 12:11:06
date last changed
2022-02-24 09:57:15
@article{d51ba8c1-8216-4a3c-8685-a792c50c3cbf,
  abstract     = {{The core aim of this Article is to analyse whether it was an appropriate decision from a criminal policy perspective to adopt the Environmental Crime Directive. The Article asks the basic question whether the Union should enforce Union environmental law by means of criminal sanctions. In this regard it is claimed that, according to the principle of ultima ratio, the Union legislator may only require that an act is criminalised if it is necessary to protect a fundamental European interest, and only on the condition that all other measures have proved insufficient to safeguard that interest. The Article therefore examines whether criminal law measures is suitable for the enforcement of Union environmental rules and secondly if there are other measures which are equally effective in enforcing Union environmental law as criminal sanctions.}},
  author       = {{Öberg, Jacob}},
  issn         = {{2032-2844}},
  language     = {{eng}},
  pages        = {{402--425}},
  publisher    = {{SAGE Publications}},
  series       = {{New Journal of European Criminal Law}},
  title        = {{Criminal Sanctions in the Field of EU Environmental Law}},
  volume       = {{2}},
  year         = {{2012}},
}