Co-operation on abatement of environmental crime from prosecutor’s point of view

1. Co-operation on abatement of environmental crimefrom prosecutor’s point of view Gustaaf Biezeveld The Netherlands European Seminar for magistrates Durbuy, 26-5-2011

2. 1. Introduction • Environmental crime is economic crime • Scale varies from local to global • Mostly two different law enforcement systems Abatement of environmental crime requires adequate conditions for co-operation within and between both sectors • In addition: co-operation between judges desirable • View on co-operation mainly based on Dutch experiences

3. Structure presentation • Introduction • Legal system for abatement environmental crime • It is a long way to co-operation • Introduction • Co-operation within criminal law enforcement sector • Co-operation within administrative law enforcement sector • Co-operation between both sectors • Conclusion

4. 2. Legal system for abatement environmental crime • Dutch criminal law mainly constitutes of criminalisation administrative duties in Act on economic offenses = contrary to system Directive 2008/99/EC • Legal implementation Directive 2008/99/EC important step • Further legal steps are needed aimed result: legal framework for abatement environmental crime • Three parts: • Administrative environmental law enforcement • Criminal environmental law enforcement • Relationship and co-operation between both

5. Aimed content (1) • Jurisdiction and competences within EU • Rules on co coursing/conflicting competences • System of administrative sanctions • System of criminalisation/penalisation • Responsibility natural/legal persons • Terms of limitation • Exchange of information/mutual assistence • Authority over inspectors/investigation officers • Minimum criteria for inspectors/investigation officers • Specific powers of inspectors within EU • Specific powers of investigation officers within EU • Specific powers of public prosecutors within EU

6. Aimed content (2) • Specific powers of judges • Execution of imposed sanctions • Documentation of imposed sanctions (natural/legal persons) • Rules on illegally gained profit • Right to request for enforcement actions • Right for injured persons to participate in judicial cases • ?? = additional to general European law

7. 3. It is a long way to co-operation • Mostly no match between jurisdiction and scale of crime the larger the scale, the wider the circle of partners

8. Co-operation within criminal law enforcement sector • required conditions: • exchange of information • permanent investigation teams at regional/interregional level • permanent investigation team at national level • prosecution office at national level with co-ordinating powers In The Netherlands: Functioneel Parket • at national/regional level: priority setting with intervention strategies • what lessons can be learned for EU level? • at national level: organizational units for investigation/intelligence and prosecution of international environmental crime • at EU level: exchange of information • at EU level: institutional framework for joint abatement international environmental crime, co-ordinated by European institution • at EU level: priority setting on international crime In addition: co-operation between judges desirable

9. Co-operation within administrative law enforcement sector • obstacles: • fragmentation and lack of co-ordinating organ(s) • insufficient commitment to enforcement in co-operation • if: administrative authorities = autonomous political organs • required conditions: • exchange of information • at regional level: network of limited number of regional enforcement services on behalf of various administrative authorities • at national level: one integrated inspectorate • co-ordinating organs (vertical/horizontal) • commitment all parties to enforcement and co-operation • what lessons can be learned for co-operation at EU level? • at national level: national inspectorates • at EU level: exchange of information • rules on independence of supervisory authorities needed (implies: defragmentation) • institutional network of independent national supervisory authorities • institutional network of national inspectorates

10. Co-operation between both sectors • obstacles: • if: no distribution of the parts • fragmentation administrative authorities/enforcement services • different position prosecutor – competent administrative authority • lack of mutual trust (different worlds) • required conditions: • exchange of information • distribution of the parts • at regional level: limited number of administrative enforcement services + structure for joint policy making and co-ordination • at regional/national level: commitment all parties to enforcement in co-operation • what lessons can be learned for EU level? • first step: form coalitions of the willing regarding priorities

11. Conclusion • Mostly regional environmental crime differs from national and international crime. All require different approach by different partnerships investigation and prosecution should preferably be organized at three levels: regional, national, and European • Common legal framework for administrative and criminal law enforcement is indispensable for joint abatement of European crime • Co-operation building is time taking and complex institutional framework at European level is needed • On short term prosecutors of member states should set up network for mutual co-operation