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Environmental Criminal Law in the First Pillar: A Positive Development for Environmental Protection in the European Union?
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- Author(s): Pereira, Ricardo
- Source:
European Environmental Law Review. Oct2007, Vol. 16 Issue 10, p254-268. 15p.
- Subject Terms:
- Additional Information
- Subject Terms:
- Abstract:
The article emphasizes the dependence of the quest for a high level of environmental protection in the European Union (EU) on the successful implementation and enforcement of EU legislation by Member States. The decision of the European Court of Justice on the case C-176/03 "Commission v. Council" has finally established that while the Community does not have competence in criminal matters per se, the Community institutions may require Members States to introduce criminal sanctions for the protection of the environment.
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