Review article
https://doi.org/10.22598/iele.2022.9.1.8
COMPLIANCE OF THE CRIMINAL LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN KOSOVO WITH THE STANDARDS OF THE EU ENVIRONMENTAL CRIME DIRECTIVE: ACHIEVEMENTS AND CHALLENGES
Vilard Bytyqi
orcid.org/0000-0003-2893-0069
; Faculty of Public Safety Kosovo Academy for Public Safety, Vushtrri, Republic of Kosovo
Fitore Morina
orcid.org/0000-0002-3186-9564
; Faculty of Law University of Prishtina, Prishtinë, Republic of Kosovo
Abstract
Due to the grave consequences that are being caused to the environment, criminal law has been given special importance as an effective tool for preventing and further combating environmental damage. The EU through Directive 2008/99EC by setting a minimum mandatory threshold for environmental protection through criminal law aims to unify the rules between member states, in order for environmental protection to be effective, convincing, and proportionate to the whole community. In this respect, Kosovo has obligations to the acquis communautaire arising from the Copenhagen Criteria and the SAA. The paper focuses on addressing the two main objectives, namely the analysis of the Compliance between the criminal legal framework for environmental protection and the standards contained in the Directive in terms of a criminal offense, sanction, and liability of legal persons, as well as identifying gaps in the legal framework. criminal protection for the environment. The paper uses two main methods, namely literature review and qualitative methods of legal and comparative analysis. As a general conclusion of the findings of this paper it can be concluded that although the criminal legal framework for environmental protection has considerable compliance with the standards contained in Directive 2008/99/EC, it needs some intervention to achieve full compliance as required with the standards of Directive 2008/99/EC.
Keywords
environmental protection; criminal law; compliance; acquis communautaire; Directive 2008/99/EC
Hrčak ID:
280277
URI
Publication date:
12.7.2022.
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