Environmental Rights and Criminal Protection: the Dialogue between EU and ECHR

author Edoardo Mazzanti
journal RIDP (ISSN: 0223-5404)
volume 2020
issue The Criminal Law Protection of our Common Home
section The International Framework
publicatie datum 1 décembre 2020
langue English
pagina 67
abstract

The European legal order generally puts quite a lot of trust in Environmental Crimes: albeit in
different form and degree, indeed, both the European Union and the Council of Europe prescribe
the use of Criminal Law to tackle serious environmental harm. After having outlined, first, the
main features of EU Environmental Criminal Law (part., Dir. 2008/99/EC) and, subsequently,
the scope of criminal obligations inferred from the European Court of Human Rights case-law
on environmental matters (part., Artt. 2 and 8 ECHR), this work aims at briefly analyzing the
convergence between the two legal systems, pointing out advantages, limits and opportunities
for further development.