| 报告题名: | European Union Action to Fight Environmental Crime (EFFACE): Conclusions and Recommendations----on fighting environmental crime more effectively |
| 作者: | Christiane Gerstetter; Dr. Stephan Sina; PhD Christoph H. Stefes
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| 出版者: | Ecologic Institute, Germany
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| 出版年: | 2016
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| 发表日期: | 2016
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| 总页数: | 35
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| 国家: | 德国
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| 语种: | 英语
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| 英文关键词: | environmental crime
; EU
; corporate liability
; environmental law
; enforcement
; NGOs
; civil society
; environmental crime directive
; organised crime
; environmental liability
; Europe
|
| 英文摘要: | A new report presents the conclusions and policy recommendations of the EU-funded research project, "European Union Action to Fight Environmental Crime" (EFFACE). The report includes recommendations for action to better combat environmental crime at the EU and Member State level, distinguishing between core and supplementary recommendations. In addition to these recommendations, questions for further research are identified. The report is available for download.Ecologic Institute contributed, in particular, recommendations on better cooperation between enforcement institutions, enhancing the role of civil society and changing rules on corporate responsibility and liablity.Core recommendations by EFFACESome of the core recommendations are the following:Rules on the confiscation and forfeiture of the proceeds of environmental crime should be adopted at the EU level. An obligation should be imposed on Member States to provide data on the number of violations, prosecutions and imposed sanctions for violations of national provisions implementing European environmental law, commonly referred to as the environmental acquis.Member States should promote effective sanctions, including civil and administrative sanctions (also fines). They should introduce and use complementary sanctions and measures, in addition to the classic criminal sanctions, prison sentences and fine.Draft non-binding bottom-up guidelines concerning prosecution and sentencing policy should be developed that can be applied throughout the EU. Ideally, these guidelines should be development by networks of practitioners from various EU Member States.Member States should provide for specialisation of prosecution and adjudication on environemntal crime.The EU should set minimum criteria for inspections and monitoring.The role of Eurojust, the European Public Prosecutor’s Office, environmental enforcement networks and Europol should be enhanced and networking at the domestic level should be stimulated.The conclusions and policy recommendations are the result of almost 40 months of research. The research included legal analysis, data analysis, various case studies, and an analysis of the strengths, weaknesses, opportunities and threats (SWOT) of the current approach of the EU to combating environmental crime.Priority areasThe EFFACE consortium selected nine areas where policy recommendations seems pertinent and prepared reports on each of them:Data and information managementFurther harmonisation of substantive environmental criminal law at EU levelSystem of sanctions (administrative vs. criminal vs. civil proceedingsFunctioning of enforcement institutions and cooperation between themRole of environmental crime victims and civil societyExternal dimension of environmental crime – what can EU doUse of environmental liabilityOrganised environmental crimeCorporate responsibility and liability in relation to environmental crimeThese reports constitute the basis for the overall conclusions and recommendations. Draft conclusions and recommendations were discussed with stakeholders at a workshop in October 2015 and the EFFACE final conference in February 2016 in Brussels. |
| 资助项目: | European Union Action to Fight Environmental Crime (EFFACE)#2720#European Commission, Directorate-General Research &
; Innovation (DG Research & Innovation)
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| URL: | http://ecologic.eu/sites/files/publication/2016/2720-efface_conclusions_recommendations_0.pdf
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| 资源类型: | 研究报告
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| 标识符: | http://119.78.100.158/handle/2HF3EXSE/42491
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| Appears in Collections: | 过去全球变化的重建
影响、适应和脆弱性
科学计划与规划
气候变化与战略
全球变化的国际研究计划
气候减缓与适应
气候变化事实与影响
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| 2720-efface_conclusions_recommendations_0.pdf（394KB） | 研究报告 | -- | 开放获取 | | View
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| Recommended Citation: | |
Christiane Gerstetter,Dr. Stephan Sina,PhD Christoph H. Stefes. European Union Action to Fight Environmental Crime (EFFACE): Conclusions and Recommendations----on fighting environmental crime more effectively. 2016-01-01.
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