Environmental Enforcement Networks
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Environmental Enforcement Networks

Concepts, Implementation and Effectiveness

  • New Horizons in Environmental and Energy Law series

Edited by Michael Faure, Peter De Smedt and An Stas

Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.
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Chapter 22: Effective networking, formal versus substantial compliance, conflicting powers: strengths and weaknesses of environmental criminal provisions enforcement networks in Italy

Grazia Maria Vagliasindi

Extract

The Italian scientific literature dealing with environmental criminal law does not seem to have attributed specific attention to the issue of environmental enforcement networks from a theoretical perspective. Theoretical studies have been carried out in Italy on some relevant enforcement institutions whose structure is inspired by an idea of coordination not dissimilar in its substance to the cooperation idea underpinning the concept of network. The effectiveness of criminal law (including environmental criminal law) and its judicial enforcement is a deeply analysed topic and a well followed scientific approach. Theoretical-practical studies have been undertaken on the need for investigative and judicial environmental enforcement networks in an international perspective. Despite this general approach, the research leading to this chapter did not show the existence, within the Italian juridical scientific literature, of conceptual studies on national enforcement networks with specific regard to environmental criminal provisions.

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