7-sep-15 Wouter Haelewyn Public Prosecutor at the Kortrijk Court of First Instance (Belgium) (0) Criminal offence policy with respect to combating environmental offences in Belgium – Durbuy, 25 May 2011

7-sep-15 2 Criminal offence policy with respect to combating environmental offences in Belgium criminal enforcement of environmental law in Belgium and Flanders 1. The evolution of judicial cooperation of public prosecutors in environmental law in Belgium and Flanders 2. The relationship between administrative and criminal treatment of environmental offences in Flanders

7-sep Evolution of judicial cooperation of public prosecutors in environmental law in B. and Fl. 10 reasons for specialisation and cooperation of public prosecutors in environmental law in Belgium; Evolution of judicial system in Belgium and Flanders; 3 considerations; Criminal offence policy with respect to combating environmental offences in Belgium

7-sep-15 4 Why specialisation and cooperation? 1.Legislation complex and in a very fast evolution; 2.A lot of small public prosecutor’s departments (e.g. 5 to 10 Public Prosecutors); 3.Overcharged public prosecutor’s offices; 4.Different prosecution politics; 5.Difficult to find public prosecutors who want to specialise in environmental law;

7-sep-15 5 Why specialisation and cooperation? 6.Difficult to engage lawyers who are specialised in environmental law; 7.Flow of public prosecutors; 8.Specialised lawyers; 9.Inspections and administrations are also organised on a higher level; 10.Up scaling = less chances of being prepossessed by local offenders

7-sep Evolution of judicial cooperation of public prosecutors in environmental law in B. and Fl. 10 reasons for specialisation and cooperation of public prosecutors in environmental law in Belgium; Evolution of judicial system in Belgium and Flanders; 3 considerations; Criminal offence policy with respect to combating environmental offences in Belgium

7-sep-15 7 Situation from 1830 until 1980

7-sep-15 8 Situation from august 1980

7-sep-15 9 Situation from 1980 until 2007

7-sep November 19th 2007: cooperation agreement Kortrijk-Ieper Ieper: food safety and human health Kortrijk: environmental law and urbanisation; Starting point: January 1, 2008 Not including: “illegal dumping of domestic waste” and other “small, local” dossiers

7-sep Situation from 2007 until end 2009

7-sep December 14th 2009: PSV Cooperation between 4 and 3 public prosecutors in 2 different province’s; Matters “West-Flanders”: –Food safety and human health (Ypres) –IT-crimes and counterfeit (Veurne) –Human trafficking and human smuggling (Bruges) –Environmental law, urbanisation, animal welfare and quality of housing (Kortrijk) Implementation in 2 times: November, 1st 2010 and October, 1st 2011

7-sep Erelong situation

7-sep Ideal situation

7-sep Considerations Not the finish, but just a step to better prosecution of ECO-crime!! Cooperation of tribunals and judges?? Next step: working group of Flemish environmental prosecutors

7-sep The relationship between administrative and criminal treatment of environmental offences in Flanders May 2009: new Flemish environmental legislation (Decree); exclusive administrative fines for so-called “environmental infringements” (milieu- inbreuken) alternative administrative fines for so- called “environmental criminal offences”

7-sep “Environmental criminal offences”: only the public prosecutor has the right to decide; has the competence to forward his dossiers to the administrative authority within 180/360 days; the choice for one or the other proceedings is objectified an official document, called “sorting paper”;

7-sep thirteen categories of dossiers that can not be transferred to the administrative authority to impose an alternative administrative fine: (…) 4. files where there is no (environmental) license at all, without (a beginning of) regularization; 5. files relating to the illegal management or abandonment of hazardous waste or large quantities of waste, without (a beginning of) regularization; 6. files relating to significant damage to natural elements (protected fauna and/or species, ecosystems, forests,...) without (a beginning of) regularization; 7. files with repeated or serious annoyance (presence of victims);

7-sep files where there is no (environmental) license at all, without (a beginning of) regularization;

7-sep files relating to the illegal management or dumping of hazardous waste or large quantities of waste, without (a beginning of) regularization;

7-sep files with repeated or serious annoyance (presence of victims);

7-sep files relating to significant damage to natural elements (protected fauna and/or species, ecosystems, forests,...) without (a beginning of) regularization;

7-sep Thank you for your attention!!