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The European Commission proposed a revision of Directive 2008/99/EC on the protection of the environment through criminal law in December 2021. The proposal intends to clarify some of the terms contained in the directive and includes an updated list of environmental crime offences, harmonised sanction types and levels, measures to strengthen international investigation and prosecution, improvements to the collection of statistical data and measures to improve national enforcement chains. Ultimately ...

Environmental crime directive

Briefing 26-04-2022

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, which was submitted on 15 December 2021 and referred to the European Parliament's Committee on Legal Affairs (JURI). Despite the lack of systematic statistical data, environmental, social and economic damage caused by environmental crimes has been widely documented. Directive 2008/99/EC (the Environmental Crime Directive, ECD) was ...

The Holocaust ('Shoah' in Hebrew) – the state-sponsored, systematic persecution and mass murder of Jews, whom the Nazi regime and its collaborators sought to annihilate along with other persecuted groups, such as Roma and Sinti – took place in Europe. It is therefore not surprising that a trend to address negationism – i.e. unfounded theories questioning certain historical events – by means of criminal law, originated in Europe. With time, the scope of criminalisation has been extended to cover not ...

Directive 2008/99/EC on the protection of the environment through criminal law – the Environmental Crime Directive (ECD) – was aimed primarily at improving environmental protection by means of harmonised criminal legislation. Despite noticeable progress on setting up a common legal framework and the undisputed relevance of the directive, there are shortcomings with regard to the uncertain scope of application of the directive, the uneven system for sanctions and the fact that implementation is still ...

Artificial intelligence in criminal law

Auf einen Blick 30-09-2021

The use of artificial intelligence (AI) in a broad range of areas is the subject of wide debate at EU level. Establishing an EU approach to AI is one of the European Commission's digital priorities, as illustrated by the proposal on an artificial intelligence act. Despite the great opportunities they offer, AI applications can also entail significant risks to people's fundamental rights. At the October I plenary session, the European Parliament is due to debate an own-initiative report on the use ...

This study addresses the fate of environmental liability and environmental crime under mergers and acquisitions. It analyses whether environmental liability is passed on, either to a successor or to a parent company. Also the role of companies in the Environmental Crime Directive is analysed with specific attention to succession of companies. Particular attention is given to the concept of ecocide. The study concludes that in case of a merger or acquisition environmental obligations are passed on ...

Diese ausführliche Studie wurde von der Fachabteilung Bürgerrechte und konstitutionelle Angelegenheiten des Europäischen Parlaments auf Ersuchen des Ausschusses für bürgerliche Freiheiten, Justiz und Inneres in Auftrag gegeben. In ihr werden die Auswirkungen künstlicher Intelligenz auf die Grundrechte im Bereich Strafverfolgung und Strafjustiz aus Sicht der Europäischen Union untersucht. Außerdem werden darin der geltende Rechtsrahmen (insbesondere im Zusammenhang mit dem Datenschutz) vorgestellt ...

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The ...

Three out of five African countries have laws criminalising homosexuality and the public expression of sexual or gender behaviour that does not conform with heterosexual norms. These same laws even sometimes punish LGBTI (lesbian, gay, trans, intersex) rights advocacy. Some African countries have partly decriminalised LGBTI persons or given them better protection. However, across the continent – with the notable exception of South Africa – such persons are still far from fully enjoying the same rights ...

Domestic Sexual Abuse of Girls

Studie 19-11-2018

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee. The study provides a definition and conceptual model of domestic sexual abuse of girls, as well as analyses of prevalence and risk factors across the EU. It goes on to review policies and actions to address domestic sexual abuse of girls at the EU and Member State levels, and sets out case studies of four countries. It ends by providing recommendations ...