The EU Agency for Criminal Justice Cooperation (Eurojust) published, on Friday 29 May, a note setting out the consequences for cross-border judicial cooperation of the European directive that entered into force in 2024 (see EUROPE 13413/34) on protection of environment through criminal law. The document is intended to support judges and investigators dealing with environmental cases involving several Member States.
The directive, applicable since 21 May, strengthens the European legal framework for combating environmental crime and reflects the increasingly transnational nature of these offences, which are often linked to organised criminal networks.
According to Eurojust, harmonising criminal definitions between Member States should facilitate mutual legal assistance. The text defines 20 environmental offences common to the entire European Union, in order to facilitate cross-border judicial cooperation.
The directive also provides for harmonised minimum penalties for natural and legal persons. According to the agency’s note, the increased penalty thresholds should make it easier to use certain investigation and cooperation tools employed in the most serious criminal cases.
Member States will also have to cooperate when an offence falls under several national jurisdictions in order to identify the authority best placed to conduct proceedings. Conflicts of jurisdiction will have to be referred to Eurojust where necessary.
Lastly, the note recalls that the directive entrusts Eurojust with a technical and operational assistance mission to coordinate cross-border investigations, support joint investigation teams and facilitate the use of European judicial cooperation instruments.
The note: https://aeur.eu/f/m4p (Original version in French by Nithya Paquiry)