ROUND TABLE DISCUSSION Session 2

Luc Lavrysen  There is a pressing need to provide judges with sufficient initial and continuous training in environmental law.  As environmental cases form only a small portion of the cases the national judiciaries have to cope with, training of judges in environmental law without specialization of the judicial function is not cost effective.  National training activities may be in some instances common to judges, public prosecutors, environmental inspectors and other law enforcement officers. Other forms of collaboration may be more difficult to realize, given the need to secure the independence of the judiciary.

Anne Brosnan  There is no way of knowing whether enforcement of environmental law across the EU creates a level playing field: there are no reliable data of prosecutions, or of penalties imposed  The environment needs specialist enforcement officers, prosecutors and judges to deal with environmental offences  A level playing field and effective deterrence depends not just on sanctions, but on confiscating the proceeds of environmental crime

John Sayas  Better coordination of the various national authorities that take part in the transposition process to national legal frameworks.  Training activities common to judges, public prosecutors, environmental inspectors and officers at the EU level. Development of common approaches.  Development of collaboration mechanisms and networks which will promote legislative streamlining.  Promotion of the exchange of information and experience and the development of a greater consistency of approach in the implementation, application and enforcement of environmental legislation.  Encouragement of the national Ombudsmen to become key actors in the European environmental protection mechanism.

Isabel Santana  Taking into account the multicultural background of the Member States and the different national context and legal framework of each one how can we promote an effective cooperation?  Is the different level of development between IMPEL members an obstacle to work together to improve and innovate? Will this mean that in this cooperation there are countries that will have to “give more” than others?  Is the language still a problem in cooperation? How can we overcome this?

Himot Maran  Member states should be encouraged to develop collaboration between the environmental supervision/enforcement authorities and the tax and customs authorities in order to gain synergy in fighting environmental crime in the fields where breaking environmental law would most probably mean breaking also the economic rules.  In order to enhance the efficiency of both pre-court and court proceedings of environmental crimes, the environmental enforcement authorities should take an initiative to carry out training of prosecutors and judges in environmental matters. Also, the possibilities how to unite the capacities of environmental and judicial knowledge institutionally, should be under discussion.