ENVIRONMENTAL LIABILITY OF EU MEMBER STATES

Abstract

The framework for the system of Environmental Liability of EU Member States is primarly established by Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage and Directive 2008/99/ EC on the protection of the environment through criminal law. Directive 2004/35/CE does not provide a civil liability regime. It establishes an administrative law regime aimed at the prevention and remedying of environmental damage to natural resources through the ‘polluter pays’ principle. Directive 2008/99 provides criminal measures for environmental harmful acts. It must be considered as the first major step towards a comprehensive regime in the fight against environmental crime in particular. Both Directives are representing major starting point concerning the system of environmental liability of EU Member States. However, the implementation of determined standards and behavior of Member States will play key roles in resolving persistent environmental problems.