ABSTRACT

The subject of environmental liability has only very recently emerged as a significant new dimension to the subject of EC environmental law enforcement. The EU passed a legislative instrument on environmental civil liability in 20041 and is in the process of assessing a draft directive on environmental criminal liability.2 Both instruments seek to place national authorities of the Member States at centre stage in terms of enforcing their requirements, and are designed to enhance existing legal powers afforded to public authorities to hold persons to account who have been found to have caused serious infringements of certain environmental protection requirements under EC environmental law. The aim of this particular chapter will be to assess the extent of the new civil liability framework introduced at EC level, whilst Chapter 13 will focus on criminal liability policy developments.