ENVIRONMENT CRIMINAL LAW IN TODAY EUROPEAN UNION

Authors

  • Ion Flămí®nzeanu Institute for Legal Research “Andrei Rădulescu”, Romanian Academy, Bucharest, Romania

DOI:

https://doi.org/10.15837/aijjs.v7i3.675

Keywords:

Tampere European Council, common definition of offences, third pillars, enviromental crime

Abstract

Abstract
Environment crime is among the European Union’s central concerns. The Tampere
European Council of 15 and 16 October 1999 at which a first work program for the
European Union action in the field of Justice and Home Affairs was adopted asked that
efforts be made to adopt common definitions of offences and penalties focusing on a number
of especially important sectors, amongst them environment crime. But despite this agreement
about the importance of joint the European Union action, environmental criminal law has
become the centre of a serious institutional fight between the European Commission,
supported by the European Parliament on the one hand and the Council, supported by the
great majority of the European Union member states on the other hand. At stake is nothing
less than the distribution of powers between the first and the third pillars, and therefore also
between the Commission and the European Union’s member states. The effect of this fight is
currently a legal vacuum on general environmental criminal law that was closed with the
Directive 2008/99/CE, taking into consideration the cross-border dimension of environmental
crime and the existing significant differences in the national legislation of the European
Union member states.

Author Biography

Ion Flămí®nzeanu, Institute for Legal Research “Andrei Rădulescu”, Romanian Academy, Bucharest, Romania

Faculty of Law, “Spiru Haret†University, Romania

References

Mihaela Agheniţei, Constancies of Penal Law General Part, “Universul Juridicâ€

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The Directive 2008/99/CE;

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(Spain), 2007, National reports - CD Rom annexes;

The Framework Decision 2003/80/JHA;

Codice penale e leggi complementari, “Giuridiche Simone†Publishing House, 2000;

The Tampere European Council of 15 and 16 October 1999;

Strafgesctzbűch, 33 Aufflage 1999, Beck Texte in Deutscher Taschenbuch Verlag;

P. Salnoge, Droit pénal général, Press Universitaire, 1994;

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jurisprudence, Paris, 1994;

Jean Pradel, Droit pénal général, Paris, 1990;

Le nouveau Code pénal introduit et commenté par Henri Leclerc, Editions du Seuil,

;

Model Penal Code and Commentaires, Part I, Philadelphia, P.A. 1985, The American

Law Institute.

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Published

2013-10-01

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