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The workshop explored the different ways to tackle environmental criminality in developing countries. Bringing together a wide range of international experts as well as local representatives from developing countries, the workshop sought to identify existing gaps in policy and legal responses, and generate debates about how the identified gaps can be filled. The first panel focused on the prevention and the fight against environmental crimes in developing countries. In doing so, it drew on lessons ...

On 23 February 2022, the European Commission (EC) published its proposal for a corporate sustainability due diligence directive. This In-depth Analysis for the European Parliament Sub-Committee on Human Rights (DROI) initially presents the EC proposal and its main features, contextualising these against broader European and international developments in business and human rights regulations. It then undertakes an in-depth comparative analysis of the EC’s 2022 draft Directive against (i) the position ...

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 ...

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 ...

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

This in depth analysis explores different possibilities of updating the ELD directive in relation to the environmental responsibility of companies and seeks to highlight the basic policy choices and options in order to ensure a high protection of the environment

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, aims at gaining deeper insights into the environmental liability of companies in the European Union. It analyses the role of companies within the Environmental Liability Directive (ELD) and pays attention to potential hurdles that may limit the possibility to hold companies liable for environmental harm. Various remedies to the limited liability of the corporation are discussed ...

The Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is an international agreement that gives the public a number of rights with regard to the environment. It consists of three pillars, one of them covering the right of access to justice in cases of non-compliance with environmental law. Implementation of the convention's provisions on access to justice have been the focus of two recent documents, one published by the ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Petitions (PETI). Lindane and technical-HCH were extensively produced in the EU until the 1990s and used as a broad spectrum insecticide until 2008. The use and production of lindane is now banned in most countries around the world. However, it unfortunately continues to make itself known. Its persistence, bioacumulative and toxic properties ...

By letter dated 26 January 2016 the Legal Affairs Committee requested the Policy Department for Citizens’ Rights and Constitutional Affairs to commission a research project looking into the way Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (ELD) is applied in the Member States with a view to putting forward conclusions and recommendations for future policy steps.