EVALUATING THE ECOCENTRIC APPROACH IN EU ENVIRONMENTAL CRIMINAL LAW: INDICATORS AND PRELIMINARY ANALYSIS OF DIRECTIVE (EU) 2024/1203

被引:0
|
作者
Banque, Maria Marques [1 ]
机构
[1] Univ Rovira i Virgili, Derecho Penal, Tarragona, Spain
来源
ACTUALIDAD JURIDICA AMBIENTAL | 2024年 / 151期
关键词
Environmental criminal law; Ecocentrism; Directive (EU) 2024/1203; RIGHTS; ANTHROPOCENTRISM; COURT;
D O I
10.56398/ajacieda.00394
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article aims to assess whether the European Union has progressed toward adopting an ecocentric approach in its environmental criminal law-that is, to what extent the new provisions reflect a vision that centers the intrinsic value of ecosystems and Nature in criminal regulation. To this end, a set of indicators is proposed to measure ecocentrism within EU criminal law. These indicators serve as a basis for a preliminary analysis of Directive (EU) 2024/1203, allowing for some initial conclusions regarding its alignment with an ecocentric perspective. The primary conclusion suggests that, although the Directive introduces certain ecocentric elements, significant progress is still needed. The effective implementation of an ecological justice framework will depend mainly on how the Directive is transposed by Member States and applied within their judicial systems.
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页数:269
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