Trends of the EU criminal law policy in the field of environmental protection

Abstract

The article is devoted to a comprehensive analysis of the transformation of the European Union criminal law policy in the context of the adoption of Directive (EU) 2024/1203 on the protection of the environment through criminal law. The author examines the transition from the «decorative» principles of previous regulation to systemic harmonization and strict implementation of environmental safety standards. The paper argues that the new Directive marks the rejection of the ineffective «repeated annexes model», which was inherent in Directive 2008/99/EC, in favor of a detailed catalog of crimes directly in the text of the act, which provides proper legal certainty.
Particular attention is paid to the de facto normative implementation of the concept of ecocide through the introduction of «qualified criminal offenses» (Article 3(3)), which are based on the criteria of large-scale, irreversible or long-term damage to ecosystems.
The study focuses on the analysis of Article 21 of the Directive, which introduces mandatory strategic planning through the development of National Strategies for Combating Environmental Crime. The requirements for the structure of these strategies are disclosed, including resource audit (Article 17), staff specialization and regular training (Article 18). The concept of the “enforcement chain” is considered as an integrated system that unites inspection, investigation and judicial bodies into a single mechanism. The issue of strengthening cross-border cooperation with the participation of Eurojust and Europol, as well as expanding the procedural rights of the “interested public” and environmental organizations, is also highlighted. The conclusion is made that the latest EU policy has transformed into a model of systemic operational security management, where its effectiveness directly depends not only on the quality of definitions of criminal offenses and determination of sanctions, but also on the quality of strategic planning and institutional capacity of national authorities.