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Directive on the protection of the environment through criminal law: is ecocide back?
Article European Law | 21/02/23 | 1 min. |
Current directive 2008/99/EC of November 19th, 2008 on the protection of the environment through criminal law aims primarily at improving environmental protection through harmonized criminal laws. The proposal for a new directive on this issue made by the European Commission seeks to enlarge the scope of application of EU law and strengthen its arsenal of criminal sanctions.
Although Member States adopted a common position last December, there are some within the European Parliament who would like to take a harder line. On February 6th past, the European Parliament’s committee on civil liberties, justice and home affairs (LIBE) adopted its opinion on the directive (with 35 votes in favor and 16 against) proposing, among other things, to include general and autonomous definitions of environmental offenses as well as the crime of "ecocide", in order to prevent and prosecute the most serious transnational environmental crimes. The legal definition of ecocide used by LIBE committee is that developed by the group of independent experts, published in June 2021.
The specific sanctions recommended are ten years’ imprisonment (for natural persons) and a fine of 12 to 23% of turnover (for legal entities). The Commission also recommends that the EU should defend the jurisdiction of the International Criminal Court (ICC) to cover criminal acts that amount to ecocide and that the Commission should consider the possibility of extending the remit of the European Public Prosecutor’s Office to cover serious environmental crimes, considering their significant financial consequences, their potential link without other financial crimes, as well as their cross-border nature.
The opinion also suggests stronger protection of environmental defenders. These proposals will set the tone for the discussions to come. The European Parliament’s legal affairs committee, is lead committee, but it has yet to issue its report.
Although Member States adopted a common position last December, there are some within the European Parliament who would like to take a harder line. On February 6th past, the European Parliament’s committee on civil liberties, justice and home affairs (LIBE) adopted its opinion on the directive (with 35 votes in favor and 16 against) proposing, among other things, to include general and autonomous definitions of environmental offenses as well as the crime of "ecocide", in order to prevent and prosecute the most serious transnational environmental crimes. The legal definition of ecocide used by LIBE committee is that developed by the group of independent experts, published in June 2021.
The specific sanctions recommended are ten years’ imprisonment (for natural persons) and a fine of 12 to 23% of turnover (for legal entities). The Commission also recommends that the EU should defend the jurisdiction of the International Criminal Court (ICC) to cover criminal acts that amount to ecocide and that the Commission should consider the possibility of extending the remit of the European Public Prosecutor’s Office to cover serious environmental crimes, considering their significant financial consequences, their potential link without other financial crimes, as well as their cross-border nature.
The opinion also suggests stronger protection of environmental defenders. These proposals will set the tone for the discussions to come. The European Parliament’s legal affairs committee, is lead committee, but it has yet to issue its report.