Compliance Strategies to Prevent Corporate Crimes under the New Environmental Crime Directive

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Abstract

In the current political climate, where environmental issues often spark polarized opinions, the European Union reaffirms its commitment to environmental protection and crime prevention through the adoption of Directive 2024/1203 on the protection of the environment through criminal law. This study examines the recent amendments introduced by the new Environmental Crime Directive, and their impact on the green compliance landscape within the European Union. The article explores the rationale behind the adoption of this new directive, which replaces the 2008 Environmental Crime Directive, focusing on the evolution of environmental crimes over the past 16 years and the newly introduced offenses.
Additionally, this paper emphasizes the pivotal role of implementing corporate compliance mechanisms to effectively mitigate environmental risks posed by the world's largest polluters, which are legal entities. For this purpose, the study analyzes the key elements that constitute an efficient environmental compliance program, aimed at preventing corporate crime. The article concludes that such strategies are essential for preventing criminal liability within the corporate environment, irrespective of whether the effective implementation of compliance mechanisms, under the specific legislation of each Member State, could reduce the penalty for non-compliant legal entities, exempt them from liability, or have no influence on the sanctioning regime.

Author

• Andreea Vlădăreanu, University of Bucharest