Enforcement of Environmental Law in the Flemish Region

European Energy and Environmental Law Review, pp. 60-79, 2010

Maastricht Faculty of Law Working Paper Forthcoming

24 Pages Posted: 20 Jan 2012

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Katarina Svatikova

Erasmus University Rotterdam (EUR) - Rotterdam Institute of Law and Economics; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: April 20, 2010

Abstract

This paper provides an empirical assessment of enforcement of environmental law in the Flemish Region. Data are used from the environmental inspectorate over a period of 20 years showing how many violations took place, how these violations were handled by the environmental inspectorate and how many cases were prosecuted. Attention is also paid to theoretical literature explaining why a low number of environmental crimes will be prosecuted. Data are also provided on sanctions which have been imposed. The question is addressed whether the enforcement approach found in the Flemish Region fits into a deterrence or rather a compliance approach. Recent changes towards the introduction of administrative fines for environmental violations are also discussed.

Keywords: enforcement, deterrence, environmental law, pollution, compliance, environmental inspectorate

JEL Classification: K14, K23, K32

Suggested Citation

Faure, Michael G. and Svatikova, Katarina, Enforcement of Environmental Law in the Flemish Region (April 20, 2010). European Energy and Environmental Law Review, pp. 60-79, 2010; Maastricht Faculty of Law Working Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=1988930

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Katarina Svatikova

Erasmus University Rotterdam (EUR) - Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO box 1738
Rotterdam, 3000 DR
Netherlands

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

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