Criminal Sanctions in the Field of EU Enviromental Law

Intersentia, New Journal of European Criminal Law, Volume 2, Number 4, 2011, 402

23 Pages Posted: 10 Jan 2013 Last revised: 8 Nov 2013

See all articles by Jacob Öberg

Jacob Öberg

Lund University- Faculty of Law; Department of Law

Date Written: April 23, 2012

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.

Keywords: Union criminal law, environmental crimes, appropriateness of criminal sanctions, enforcement strategies, Environmental Crime Directive

Suggested Citation

Öberg, Jacob Olav Göran, Criminal Sanctions in the Field of EU Enviromental Law (April 23, 2012). Intersentia, New Journal of European Criminal Law, Volume 2, Number 4, 2011, 402, Available at SSRN: https://ssrn.com/abstract=2044428

Jacob Olav Göran Öberg (Contact Author)

Lund University- Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden
+46735336571 (Phone)

Department of Law ( email )

Odense, DK-5000
Denmark

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