1. Co-operation on abatement of environmental crime from prosecutor’s point of view Gustaaf Biezeveld The Netherlands European Seminar for magistrates Durbuy, 26-5-2011

2. 2 1. Introduction Environmental crime is economic crime Scale varies from local to global Mostly two different law enforcement systems Abatement of environmental crime requires adequate conditions for co-operation within and between both sectors In addition: co-operation between judges desirable View on co-operation mainly based on Dutch experiences

3. 3 Structure presentation Introduction Legal system for abatement environmental crime It is a long way to co-operation –Introduction –Co-operation within criminal law enforcement sector –Co-operation within administrative law enforcement sector –Co-operation between both sectors Conclusion

4. 4 2. Legal system for abatement environmental crime Dutch criminal law mainly constitutes of criminalisation administrative duties in Act on economic offenses = contrary to system Directive 2008/99/EC Legal implementation Directive 2008/99/EC important step Further legal steps are needed aimed result: legal framework for abatement environmental crime Three parts: –Administrative environmental law enforcement –Criminal environmental law enforcement –Relationship and co-operation between both

5. 5 Aimed content (1) Jurisdiction and competences within EU Rules on co coursing/conflicting competences System of administrative sanctions System of criminalisation/penalisation Responsibility natural/legal persons Terms of limitation Exchange of information/mutual assistence Authority over inspectors/investigation officers Minimum criteria for inspectors/investigation officers Specific powers of inspectors within EU Specific powers of investigation officers within EU Specific powers of public prosecutors within EU

6. 6 Aimed content (2) Specific powers of judges Execution of imposed sanctions Documentation of imposed sanctions (natural/legal persons) Rules on illegally gained profit Right to request for enforcement actions Right for injured persons to participate in judicial cases ?? = additional to general European law

7. 7 3. It is a long way to co-operation Mostly no match between jurisdiction and scale of crime the larger the scale, the wider the circle of partners

8. 8 Co-operation within criminal law enforcement sector –required conditions: exchange of information permanent investigation teams at regional/interregional level permanent investigation team at national level prosecution office at national level with co-ordinating powers In The Netherlands: Functioneel Parket at national/regional level: priority setting with intervention strategies –what lessons can be learned for EU level? at national level: organizational units for investigation/intelligence and prosecution of international environmental crime at EU level: exchange of information at EU level: institutional framework for joint abatement international environmental crime, co-ordinated by European institution at EU level: priority setting on international crime In addition: co-operation between judges desirable

9. 9 Co-operation within administrative law enforcement sector –obstacles: fragmentation and lack of co-ordinating organ(s) insufficient commitment to enforcement in co-operation if: administrative authorities = autonomous political organs –required conditions: exchange of information at regional level: network of limited number of regional enforcement services on behalf of various administrative authorities at national level: one integrated inspectorate co-ordinating organs (vertical/horizontal) commitment all parties to enforcement and co-operation –what lessons can be learned for co-operation at EU level? at national level: national inspectorates at EU level: exchange of information rules on independence of supervisory authorities needed (implies: defragmentation) institutional network of independent national supervisory authorities institutional network of national inspectorates

10. 10 Co-operation between both sectors –obstacles: if: no distribution of the parts fragmentation administrative authorities/enforcement services different position prosecutor – competent administrative authority lack of mutual trust (different worlds) –required conditions: exchange of information distribution of the parts at regional level: limited number of administrative enforcement services + structure for joint policy making and co-ordination at regional/national level: commitment all parties to enforcement in co-operation –what lessons can be learned for EU level? first step: form coalitions of the willing regarding priorities

11. 11 Conclusion Mostly regional environmental crime differs from national and international crime. All require different approach by different partnerships investigation and prosecution should preferably be organized at three levels: regional, national, and European Common legal framework for administrative and criminal law enforcement is indispensable for joint abatement of European crime Co-operation building is time taking and complex institutional framework at European level is needed On short term prosecutors of member states should set up network for mutual co-operation