Status quo und Weiterenentwicklung des Umweltstrafrechts und anderer Sanktionen: Instrumente zur Verbesserung von Umweltrecht (Compliance)

This report is the result of a research project supported by the German Federal Environment Agency (Umweltbundesamt), using research funding provided by the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. The report is based on a review of existing research literature and other relevant documents, data on environmental infringements received from authorities in several German federal states (Bundesländer) and more than 30 qualitative research interviews with enforcement practitioners in courts, prosecutors’ offices, police/customs and environmental administrative authorities in five states and at the federal level.
The report provides an overview of the political discussion on environmental crime at the international, European and German levels. It discusses the data situation on environmental crime and environmental infringements in Germany and presents selected data. Further sections introduce central findings of the economic analysis of environmental law and summarises the literature on the implementation of environmental law by German authorities. The results of the research interviews are also presented. Moreover, the report also identifies areas for further research. It ends with a summary of key findings and recommendations.
The report confirms previous findings on an existing deficit in the implementation of environmental (criminal) law in Germany. Important contributing factors are a lack of staff in competent authorities, the lack of specialisation of authorities, the technical and scientific character of investigations into environmental crimes, the complexity of the legal framework and the fact that environmental crimes often do not enjoy a high priority in enforcement compared to other types of crime.