Research Handbook on EU Criminal Law
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Research Handbook on EU Criminal Law

  • Research Handbooks in European Law series

Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.
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Chapter 13: The relationship between EU criminal law and environmental law

Valsamis Mitsilegas, Malgosia Fitzmaurice and Elena Fasoli

Abstract

The chapter focuses on the relationship between EU criminal law and environmental law in the light of the link between EU and international environmental law. The analysis firstly deals with the constitutional controversy with regard to the use of the protection of the environment as a legitimising factor for the attribution to the Union of competence to define criminal offences and apply criminal sanctions. Secondly, the chapter examines the interactions between EU law and the international agreements containing criminal prohibitions for the protection of the environment (CITES, Basel Convention and MARPOL). It demonstrates that both the environmental crime and the ship-source pollution Directives constitute a step forward in the criminalization of certain activities harmful to the environment. Finally, the chapter investigates the possibility that a more extensive criminalization could lead to an over-criminalization in the field of the environment and concludes that this possibility exists in light of the Intertanko case.

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