Good and bad points of the transposition into spanish law of directive 2008/99/EC, on the protection of the environment through Criminal law

Abstract

The European Union’s environmental protection policy reached a turning point with the adoption of Directive 2008/99/EC, on the protection of the environment through criminal law. Ten years after Directive 2008/99/EC came into force, the configuration of the Spanish environmental protection criminal system has undergone significant changes. This text analyses the transposition of community legislation in Spain. In order to do so, it takes a look at the most relevant reforms concerning environmental offences and other legal figures related to environmental protection. The paper also analyses the system of liability of legal persons for environmental offences committed in their midst. In this way, the degree of compliance with the mandates contained in Directive 2008/99/EC is assessed.