| 来源类型 | Report |
| 规范类型 | 报告 |
| Evaluation of the Strengths, Weaknesses, Threats and Opportunities Associated with EU Efforts to Combat Environmental Crime | |
| Christiane Gerstetter; Dr. Stephan Sina; Katharina Klaas; PhD Christoph H. Stefes | |
| 发表日期 | 2015 |
| 出版年 | 2015 |
| 语种 | 英语 |
| 概述 | Evaluation of the role of the EU and SWOT analysisOne of the main outcomes of the EU-funded FP7 project "European Union Action to Fight Environmental Crime" (EFFACE) is the report 'Evaluation of the strengths, weaknesses, threats and opportunities (SWOT) associated with EU efforts to combat environmental crime'. This SWOT analysis brings together insights gained during the previous EFFACE research and evaluates the current approaches of the EU and its Member States in combating environmental crime. The analysis is available for download. |
| 摘要 | class="field field-name-field-pub-title-additions field-type-text field-label-hidden"> Evaluation of the role of the EU and SWOT analysis  One of the main outcomes of the EU-funded FP7 project "European Union Action to Fight Environmental Crime" (EFFACE) is the report 'Evaluation of the strengths, weaknesses, threats and opportunities (SWOT) associated with EU efforts to combat environmental crime'. This SWOT analysis brings together insights gained during the previous EFFACE research and evaluates the current approaches of the EU and its Member States in combating environmental crime. The analysis is available for download. The report 'Evaluation of the strengths, weaknesses, threats and opportunities (SWOT) associated with EU efforts to combat environmental crime' forms the basis for the forthcoming policy recommendations. The project identified nine relevant dimensions, which have been studied in detail by the EFFACE partners. The nine dimensions discussed are:
Each theme is evaluated in a consistent way; the governance levels analysed include that of the Member States, the EU and the international level. In addition, the aspects above interact with each other; therefore the authors stress the importance of moving forward with policy recommendations that consider these different aspects as a whole and not in isolation. Reseachers from the Ecologic Institute co-authored the studies on the functioning of enforcement institutions, environmental crime victims and civil society as well as corporate responsibility and liabiltiy in relation to environmental crime. |
| 目录 | Table of Contents: 1. Introduction 2. Methodology 3. Area 1: Data and information management (MS/EU) 3.1 Introduction 3.2 Strengths 3.3 Weaknesses 3.4 Opportunities 3.5 Threats 3.6 Conclusions 4. Area 2: Further harmonisation of substantive environmental criminal law at EU level (excluding sanctions) 4.1 Introduction 4.2 Strengths 4.3 Weaknesses 4.4 Opportunities 4.5 Threats 4.6 Conclusions 5. Area 3: System of sanctions (administrative vs. criminal vs. civil proceedings at MS/EU level) 5.1 Introduction 5.2 Strengths 5.2.1 More administrative sanctions in the instrument mix 5.2.2 Often effective sanctions in statutes 5.2.3 Often complementary sanctions 5.3 Weaknesses 5.3.1 Enforcement instrument mix not always optimal 5.3.2 Lacking information on proportionality in practice 5.3.3 Complementary sanctions insufficiently developed? 5.4 Opportunities 5.4.1 Procedural: actions at different levels 5.4.2 Increasing the use of administrative and civil sanctions 5.4.3 Guidelines to increase the effectiveness of sanctions 5.4.4 Increasing use of complementary sanctions 5.5 Threats 5.5.1 Insufficient support and budget cuts 5.5.2 Lacking data on enforcement practice 5.6 Conclusions 6. Area 4: Functioning of enforcement institutions and cooperation between them (MS/EU level) 6.1 Introduction 6.2 Strengths 6.2.1 Criminal enforcement institutions (Member State level) 6.2.2 Cooperation between criminal and administrative institutions (Member State level) 6.2.3 Trans-boundary cooperation 6.3 Weaknesses 6.3.1 Criminal enforcement institutions (Member State level) 6.3.2 Cooperation between criminal and administrative institutions (Member State level) 6.3.3 Trans-boundary cooperation 6.4 Opportunities 6.5 Threats 6.6 Conclusions 7. Area 5: The role of the victims of environmental crime and civil society 7.1 Introduction 7.2 Strengths 7.3 Weaknesses 7.4 Opportunities 7.5 Threats 7.6 Conclusions 8. Area 6: External dimension of environmental crime – what can EU do (EU only) 8.1 Introduction 8.2 Strengths 8.2.1 International Instruments and their Enforcement 8.2.2 Actors and Institutions 8.2.3 Toolbox: Information, Databases, Legal Assistance and Judicial Cooperation Instruments, Cooperation to development 8.3 Weaknesses 8.3.1 International Instruments and their enforcement 8.3.2 Actors and Institutions 8.3.3 Toolbox: Databases, Legal Assistance and Judicial Cooperation Instruments, Cooperation to development 8.4 Opportunities 8.4.1 International Instruments and their enforcement 8.4.2 Actors and Institutions 8.4.3 Toolbox: Databases, Legal Assistance and Judicial Cooperation Instruments, Cooperation to development 8.5 Threats 8.5.1 International Instruments and their enforcement 8.5.2 Actors and Institutions 8.5.3 Toolbox 8.6 Conclusions 9. Area 7: Use of environmental liability (EU/MS) 9.1 Introduction 9.2 Strengths 9.3 Weaknesses 9.4 Opportunities 9.5 Threats 9.6 Conclusions 10. Area 8: Organised environmental crime 10.1 Introduction 10.2 Strengths 10.3 Weaknesses 10.4 Opportunities 10.5 Threats 10.6 Conclusions 11. Area 9: Corporate responsibility and liability in relation to environmental crime 11.1 Introduction 11.1.1 Corporate Social Responsibility 11.1.2 Market incentives 11.1.3 Binding approaches indirectly preventing environmental crime 11.1.4 Corporate liability for damages directly linked to environmental crimes (civil-like) 11.1.5 Criminal liability for environmental crimes 11.1.6 Civil liability for crimes that occurred outside the EU 11.2 Strengths 11.2.1 Voluntary CSR initiatives can help reinforcing compliance with existing law 11.2.2 Existing approximation at EU level on liability for environmental crime 11.2.3 Some actions for human rights violations committed abroad 11.3 Weaknesses 11.3.1 No explicit mention of environmental crime within existing CSR initiatives 11.3.2 CSR standards do not include certification by opposition to other voluntary initiatives 11.3.3 It remains very difficult for victims from outside the EU to sue EU corporations for environmental crimes also committed outside the EU 11.4 Opportunities 11.4.1 Renewal of the EU strategy for CSR 11.4.2 The EMAS Regulation goes further than CSR initiatives 11.4.3 The new Public Procurement Directives contain new clauses relating to compliance with environmental law 11.4.4 There are initiatives to create binding provisions associated with liability and linked to CSR 11.4.5 Existing examples in certain countries widening the liability of corporations for crimes committed abroad 11.5 Threats 11.5.1 Risk of “creative compliance” regarding environmental laws 11.5.2 Balance of interests may not play in favour of measures reinforcing liability 11.5.3 Difficulties linked to the extension of jurisdiction 11.6 Conclusions 12. Conclusions 12.1 Introduction 12.2 Taking the SWOT analysis forward 12.2.1 Key opportunities 12.2.2 EU level 12.2.3 Member State level 12.2.4 International level 13. References |
| 标签 | Report ; EU Environment ; Governance ; Ecologic Legal |
| 关键词 | Environmental crime environmental crime directive ECD environmental criminal law sanctions enforcement trans-boundary cooperation environmental liability organised crime corporate responsibility CSR EU Europe SWOT analysis |
| URL | https://www.ecologic.eu/12986 |
| 来源智库 | Ecologic Institute (Germany) |
| 资源类型 | 智库出版物 |
| 条目标识符 | http://119.78.100.153/handle/2XGU8XDN/36598 |
| 推荐引用方式 GB/T 7714 | Christiane Gerstetter,Dr. Stephan Sina,Katharina Klaas,et al. Evaluation of the Strengths, Weaknesses, Threats and Opportunities Associated with EU Efforts to Combat Environmental Crime. 2015. |
| 条目包含的文件 | 条目无相关文件。 | |||||
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