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Calibrating green compliance: EU framework for effective, proportionate and dissuasive penalties in environmental protection.

Authors :
Vomáčka, Vojtěch
Source :
ERA Forum; Sep2024, Vol. 25 Issue 2, p281-299, 19p
Publication Year :
2024

Abstract

This article examines the evolving framework of the European Union's approach to environmental sanctions. It dissects the cornerstone principle of effective and dissuasive penalties, exploring its foundation in the Treaty on the Functioning of the European Union (TFEU) and its interpretation by the Court of Justice of the European Union (CJEU). The analysis then progresses by scrutinising specific legislative instruments, such as the Environmental Crime Directive, which establish more detailed requirements for environmental offences, including the types and levels of penalties. Furthermore, the article explores the intricate relationship between criminal and administrative liability in the context of environmental law. This exploration incorporates recent case law on the application of the principle of legality and the ne bis in idem principle in environmental matters. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
16123093
Volume :
25
Issue :
2
Database :
Complementary Index
Journal :
ERA Forum
Publication Type :
Academic Journal
Accession number :
179553611
Full Text :
https://doi.org/10.1007/s12027-024-00801-z