AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 57 No 3 (2011), 45–56

Trestní odpovědnost jako nástroj prosazování ochrany životního prostředí v evropském kontextu

[Criminal Liability as a Tool of Enforcement of the Environmental Protection in the EU Context]

Vojtěch Stejskal

published online: 04. 02. 2015

abstract

Criminal Liability as a Tool of Enforcement of the Environmental Protection in the EU Context The article deals with one of the most important and current issue of the recent national as well as EU environmental law, which is the criminal liability as a tool of enforcement of the environmental protection. The main findings of this article could be summarised as follows: Article 7 of the Constitution of the Czech Republic and Article 35 of the Charter of fundamental rights and freedoms represent the constitutional principles of environmental protection. Art. 7 of the constitution establishes the state’s duties with regards to the environment and lays down the main focus of its activity. In the framework of such duties it is undoubtedly necessary for the state to build up not only legislation containing tools for environmental protection and a system of administrative bodies but also to take into consideration the enforcement of legal norms in practice, including the enforcement of environmental protection by criminal measures. Art. 35, subsec. 3 of the Charter of fundamental rights and freedoms enacts a limitation for an exercise of rights of all subjects in relation to the environment. If though, in a concrete situation, endangering or damaging the environment occurs, it is even possible to apply criminal liability – naturally under the condition that it is in such case possible in the sense of criminal principles, namely nullum crimen sine lege, nulla poena sine lege, or principle of the criminal repression as ultima ratio. Criminal protection of the environment has since 2008 been enacted even in the framework of secondary law of the EU , namely by Directive of the European Parliament and of the Council No.2008/99/EC on criminal protection of the environment. Directive enacts criminal measures targeting effective environmental protection. Contains a catalogue of criminal offences in the area of illegal disposal of chemical substances, radioactive materials, substances damaging the Earth´s ozone layer, disposal of dangerous waste but also illegal chasing of animals, damage to ecosystems, habitats and flora or illegal trade in endangered species of fauna and flora according to EU regulation No. 338/97/EC (CITES ). On 1st January 2010 came the new Criminal Code No. 40/2009 Sb. into effect in the Czech Republic. For the first time in the history, the Czech Criminal Code embeds an independent title of criminal offences (§§ 293–308) against the environment (title number eight). Adoption of the eight title of the Criminal Code 40/2009 Sb. has unfortunately only partially solved the issue of effective criminal environmental protection. On 1st December 2011 came into force the Act No. 330/2011 Sb., which represented a crucial amendment to the Criminal Code. This Act finally executed the transposition of European Directive 2008/99/EC on criminal protection of the environment. In the conclusions of this paper “Criminal liability as a tool of enforcement of the environmental protection in the EU context” is my opinion and recommendation for the enforcement of the environmental protection through the criminal law de lege ferenda.

keywords: enforcement of environmental protection; environmental protection; constitutional principles of environmental protection; criminal law; criminal principles; criminal lability; Criminal Code; Directive on criminal protection of the environment; catalogue of criminal offences in the area of environmental protection; EU environmental law

Creative Commons License
Trestní odpovědnost jako nástroj prosazování ochrany životního prostředí v evropském kontextu is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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