The article intends to analyse the pluses and minuses of traditional environmental criminal law’s depen- dence on administrative law. The two possible forms of integration between criminal and administrative law, i.e., the so-called ‘purely accessory’ and ‘par- tially accessory’ models, are evaluated from a com- parative perspective, while also considering the European Directive 2008/99/European Community (EC) on the protection of the environment through criminal law, and the new proposal for a Directive, replacing the previous one, put forward by the Eur- opean Commission in December 2021. Followed by a reflection on the different model of environmental criminal law, autonomous from administrative law (also called the ‘purely criminal’ model: a model that should be associated with the purely accessory one and the partially accessory one).
Models of Environmental Criminal Law, Between Dependence on Administrative Law and Autonomy
di landro
2022-01-01
Abstract
The article intends to analyse the pluses and minuses of traditional environmental criminal law’s depen- dence on administrative law. The two possible forms of integration between criminal and administrative law, i.e., the so-called ‘purely accessory’ and ‘par- tially accessory’ models, are evaluated from a com- parative perspective, while also considering the European Directive 2008/99/European Community (EC) on the protection of the environment through criminal law, and the new proposal for a Directive, replacing the previous one, put forward by the Eur- opean Commission in December 2021. Followed by a reflection on the different model of environmental criminal law, autonomous from administrative law (also called the ‘purely criminal’ model: a model that should be associated with the purely accessory one and the partially accessory one).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
