WP2 kick-off N.J. Philipsen Faculty of Law, METRO 2nd EFFACE meeting, Rome, 30 May 2013

Overview Expertise research institute Metro law and economics methodology environmental law Instruments, actors and institutions presentation of general approach no ex ante limits, except linguistic

Expertise Law and economics methodology deterrence hypothesis Gary Becker as a starting point rationality and corporate offenders empirical research on expected sanctions and deterrence Harrington paradox enforcement strategies deterrence approach vs compliance approach hardcore perpetrators and targeting

Expertise Environmental law research for Dutch Ministry of Environment, inter alia on NOx emissions trading and self-regulation by industry research on access to justice in environmental matters for DG ENV publications by Faure, e.g. Environmental Directives and “effective penalties” (based on research for DG ENV) publications on vague notions in environmental criminal law and on enforcement of environmental law in the Flemish region

Instruments, actors and institutions U < q.E + p.D Targeting enforcement interventions Monitoring models: reactive and proactive Post-detection discretion offender types, deterrence vs compliance approach Self-regulation and ADR Administrative vs criminal sanctions formal and informal sanctions notion of error costs actions by victims and third parties

Instruments, actors and institutions Limits? linguistic skills: English, French, German, Dutch, Spanish (passive) Focus? scientific skills: see prior experience above actors: especially enforcement agencies, prosecutor and administrative agencies, and the co-operation between these agencies Relation to other WPs and research questions