The EU environmental crime directive 2024/1203: Legal solutions and perspectives

This study analyses environmental offences outlined in Directive (EU) 2024/1203 on the protection of the environment through criminal law. The Directive aims to overcome the overall inefficiency of law enforcement response to the increasing number of environmental crimes under the provisions of the previous Directive 2008/99/EC enhancing compliance with EU environmental legislation. It does so by setting minimum standards on criminal and non-criminal penalties, clarifying key terms, and providing guidance on assessing environmental damage for the needs of criminal prosecution. The aim of the study is to identify the most significant changes introduced by Directive 2024/1203 and examine their potential impact on the protection of the environment. The analysis showed that the new Directive’s use of more precise and targeted language should facilitate more consistent implementation of its provisions across Member States. Establishing explicit criteria for environmental offences will provide law enforcement with a well-defined framework for building criminal cases, limiting potential confusion and mitigating the risk of legal challenges. The new Directive is certainly a milestone in the EU’s environmental criminal law, as it contains many aspects on how to improve its effectiveness and thus can contribute to improving the environment.