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In December 2021, the European Commission proposed a revision of Directive 2008/99/EC on the protection of the environment through criminal law. The proposal seeks to clarify some of the terms contained in the directive and includes an updated list of environmental crime offences, harmonised sanction types and levels, measures to strengthen international investigation and prosecution, improvements to the collection of statistical data, and measures to improve national enforcement chains. Ultimately ...

The workshop explored the different ways to tackle environmental criminality in developing countries. Bringing together a wide range of international experts as well as local representatives from developing countries, the workshop sought to identify existing gaps in policy and legal responses, and generate debates about how the identified gaps can be filled. The first panel focused on the prevention and the fight against environmental crimes in developing countries. In doing so, it drew on lessons ...

In recent times, the European Union (EU) has witnessed a sharp rise in hate speech and hate crime, yet EU law criminalises such conduct only if related to a limited set of protected characteristics, such as race and ethnicity. The Commission, with the support of the Parliament, seeks to address this limitation by extending the list of 'EU crimes' included in Article 83 of the Treaty on the Functioning of the European Union (TFEU), to cover hate speech and hate crime. This can only be done by a Council ...

Environmental crime directive

Briefing 26-04-2022

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, which was submitted on 15 December 2021 and referred to the European Parliament's Committee on Legal Affairs (JURI). Despite the lack of systematic statistical data, environmental, social and economic damage caused by environmental crimes has been widely documented. Directive 2008/99/EC (the Environmental Crime Directive, ECD) was ...

Directive 2008/99/EC on the protection of the environment through criminal law – the Environmental Crime Directive (ECD) – was aimed primarily at improving environmental protection by means of harmonised criminal legislation. Despite noticeable progress on setting up a common legal framework and the undisputed relevance of the directive, there are shortcomings with regard to the uncertain scope of application of the directive, the uneven system for sanctions and the fact that implementation is still ...

This study addresses the fate of environmental liability and environmental crime under mergers and acquisitions. It analyses whether environmental liability is passed on, either to a successor or to a parent company. Also the role of companies in the Environmental Crime Directive is analysed with specific attention to succession of companies. Particular attention is given to the concept of ecocide. The study concludes that in case of a merger or acquisition environmental obligations are passed on ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, aims at gaining deeper insights into the environmental liability of companies in the European Union. It analyses the role of companies within the Environmental Liability Directive (ELD) and pays attention to potential hurdles that may limit the possibility to hold companies liable for environmental harm. Various remedies to the limited liability of the corporation are discussed ...

Since the Syrian conflict began in 2011, thousands of EU nationals have travelled or attempted to travel in conflict zones in Iraq and Syria to join insurgent terrorist groups, such as ISIL/Da'esh ('Islamic State'). Of those, it has been estimated that around 30 % have already returned to their home countries. The issue of foreign fighters has been high on the political agenda at both Member State and EU level for the last five years and touches upon a wide range of policies: policies related to ...

This study addresses the development of an EU criminal justice area. By exploring key concepts and features of criminal processes in comparative perspective, it seeks to provide ideas for such an area. Because the situation in the member states is diverse, independent concepts guided by the study findings are explored.

Executive summary European legislation regulating the marketing authorisation of medical products states that results from clinical trials that do not meet the ethical requirements of Good Clinical Practice, cannot legally be used by an applicant to justify its application, irrespective of whether the trial was done inside or outside the EU. However, earlier studies indicate that this legislation is not always properly observed: these studies identified trials with an unethical design that were ...