faure-2017-review_of_european_comparative_amp_international_environmental_law.pdf
(145.93 KB, PDF)
… transpose environmental directives. Sure, one can point at a for- mal obligation of Member States not only to transpose, but also to enforce the domestic legislation transposing EU law.36 And one can fortunately also notice that the evaluation studies checking compliance by the Member States now increasingly also verify whether Member States courts do indeed impose effective, dissuasive and proportionate sanctions as required by the Environ- mental Crime Directive. For example, the evaluation … Directive, as sanc- tions that are in practice imposed for corporate envi- ronmental crime are too low and can therefore not be considered as being effective, proportionate and dissua- sive.37 But the major problem is that essential informa- tion to check effective compliance, such as the amount of classified installations that have to be inspected, the number of available inspectors, the number of viola- tions and the result of those inspections, is lacking com- pletely. Data collection in this … environ- mental directives, but also to threaten the violation of implementing legislation with effective, proportionate and dissuasive sanctions. It is also a positive develop- ment that nowadays the verification of implementation not only entails checking whether formal sanctions within the Member States can be considered as effec- tive, proportionate and dissuasive, but that implemen- tation studies also verify sanctions that are imposed in practice. However, the problem remains that without …