Die Europäisierung des deutschen Umweltstrafrechts

Although criminal law was generally able to elude the guidelines from Brussels for a long time due to its particularly close association with national sovereignty and with the cultural identity of the EU Member States, German criminal law has been influenced by directives from Brussels as well for several years. European directives on the protection of the environment through criminal law are measures for imposing sanctions in order to enforce the environmental policies of the European Community, but they are also an integral part of national criminal law. This tense relationship has led to a dispute concerning the proper location for a Europeanization of environmental criminal law, a decision made by the European Court of Justice on September 13, 2005. Martin Heger begins by explaining the Europeanization of environmental criminal law from the perspective of European law, compares this to German environmental criminal law and examines its need for change in view of the latest proposal for a Directive on the protection of the environment through criminal law.