FROM ECOCIDE TO ECOLOGICAL JUSTICE: TOWARDS A NEW DIRECTIVE ON ENVIRONMENTAL CRIME

Apstrakt

The rapid global expansion of environmental crime, whose profitability exceeds global economic growth by more than double, has positioned this sector as the fourth largest worldwide. Traditional legal instruments, both at the EU level and within national legislations, face challenges of limited scope in addressing criminal acts and lack of effective punitive policies, highlighting the need for an innovative response to the devastating consequences of environmental destruction. Recognizing these challenges, the Council of Europe and the European Parliament reached an agreement in 2023 to revise the Environmental Crime Directive, aiming to establish robust mechanisms to counter "environmental impunity" in Europe. This paper analyzes the key amendments introduced by the new Directive, including the criminalization of the most serious forms of environmental harm "comparable to ecocide," defined as "illegal or negligent acts committed with knowledge that there is a significant likelihood that such acts will cause severe, widespread, or long-term damage to the environment." It also covers an expanded list of environmental crimes, the introduction of aggravated forms, and the harmonization of sanctions with some flexibility regarding the prescription of penalties for legal entities. By analyzing these provisions, the paper examines its potential to fundamentally contribute to environmental protection within the EU, while also identifying anticipated challenges in its implementation. Although the Directive positions itself as a revolutionary step in the prevention of environmental crime, challenges remain, particularly in the scope of its application, especially concerning extraterritorial crimes committed in the name of EU companies, as well as the need to institutionalize the function of a public prosecutor at the EU level. These elements underscore the essential need for continuous development and adaptation of the legal framework, not only to improve internal legislation but also to provide a more effective global response to environmental crime. The paper opens a discussion on the potential of the new Directive to shift the paradigm in the approach to environmental crime, emphasizing the simultaneous need for further strategic improvements and the imperative for comprehensive implementation tools. These include specialized training and resources for judicial actors, as well as protective mechanisms for environmental activists, with the aim of consolidating the European response to ecocide.