Кривичноправна заштита животне средине у Србији и процес приступања Европској унији
Criminal Law Environmental Protection in Serbia and the Process of Accession to the European Union

Author(s): Vladimir V. Veković, Violeta V. Ćulafić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Accession / EU-DEvelopment
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Environment;Criminal Law Protection;Serbia;European Union;Chapter 27;Directive 2008/99/EC on the Protection of the Environment through Criminal Law;
Summary/Abstract: Criminal Code (CC) provides for criminal offenses against the environment within a separate chapter. Chapter XXIV of CC – Environmental offenses based on a biocentric conception that treats the environment as a protected good in itself (per se). As part of the European Union (EU) accession negotiations, Serbia expects the opening of Chapter 27 – Environment and Climate Change. It represents about one-third of all EU acquis, and nearly 90% of national environmental regulations are directly derived from over 500 secondary sources of EU environmental law (directives, regulations, decisions, recommendations and opinions). Chapter 27 defines, inter alia, the results to be achieved in the field of environmental criminal law, which requires significant amendments to the CC and its alignment with Directive 2008/99/EC on the Protection of the Environment through Criminal Law, as well as an adequate and meaningful response to institutional, economic and other challenges. Accordingly, the authors, in addition to considering the positive environmental criminal law, analyze a number of measures and activities to be taken to ensure the full transposition, implementation and effective application of the EU acquis in this field.

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