Guest editorial eucrim 4-2022

• Date: 06 February 2023
• Year: 2023
• Author: Prof. em. dr. Luc Lavrysen
• Pages: 3
• DOI: https://doi.org/10.30709/eucrim-2022-016

Dear Readers,

This eucrim issue focuses on the link between administrative and criminal law, which is becoming conspicuously manifest in environmental law. An in-depth evaluation of Directive 2008/99/EC on the protection of the environment through criminal law revealed that it has had no noticeable impact on Member State practice in the enforcement of EU environmental law. On 15 December 2021, the European Commission responded by adopting a proposal for a new directive of the European Parliament and of the Council on the protection of the environment through criminal law, intended to replace said Directive 2008/99/EC (COM(2021) 851 final).

The improvements to EU environmental criminal law contained in this proposal extend the scope of the directive to many more areas that affect the environment and natural resources, introduce common and clear definitions of environmental criminal offences in some areas, and include a proposal to specify punishment for inciting, aiding and abetting criminal offences committed intentionally. Of major importance in view of creating an EU-wide level playing field is the proposal to provide minimum maximum sanctions for natural and legal persons, including minimum maximum sanctions not less than 5% or 3% of the total worldwide turnover of the legal person or undertaking in the business year preceding the fining decision. Additional sanctions include the obligation to reinstate the environment within a given time period, disqualification from practicing business activities, closure of establishments of the type used for committing the offence, and the withdrawal of permits and authorisations to pursue activities resulting in commission of the offence. This last sanction illustrates that environmental criminal law today is still largely dependent on administrative law, because the required conduct is often defined in individual or general administrative acts, and thus these acts also define what should be considered a criminal offence. Furthermore, the proposal also provides for aggravating and mitigating circumstances, the freezing and confiscation of the proceeds derived from and instrumentalities used or intended to be used in the commission of or contribution to the commission of the environmental offences referred to in the directive. Other improvements concern the provisions on the protection of persons who report environmental offences or assist their investigation, and the right for members of the...