The Use of Criminal Law for the Protection of the Environment in Europe: Council of Europe Resolution (77) 28

Vercher, Antonio | January 1, 1990

In recent years, the growth of industrial development has rendered the protection of the environment a matter of sudden and immediate concern in most European countries. Some of these countries have re- sorted to criminal law when other measures proved to be inadequate or ineffective. This tendency is apparent in the following excerpt, quoted from a report to the Tenth International Congress on Comparative Law: “When we encounter a new disastrous phenomenon, we naturally are shocked and are apt to rush to penal legislation to suppress it. As a matter of fact, we tend to think that the problem is solved, once we have a new penal law.” This was the situation when the Council of Europe adopted Resolution (77) 28, designed to promote “eventual future harmonisation of all legislations of the member states of the Council of Europe in this field …. ”