19 apr 2023

Wouter Haelewyn

Public Prosecutor at the Kortrijk Court of First Instance (Belgium)

00 32 (0)56 269 366

wouter.haelewyn@just.fgov.be

Criminal offence policy with respect to

combating environmental offences in

Belgium – Durbuy, 25 May 2011

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2 Criminal offence policy with respect to combating environmental offences in Belgium

criminal enforcement of environmental law in Belgium and Flanders

• 1. The evolution of judicial cooperation of public prosecutors in environmental law in Belgium and Flanders

• 2. The relationship between administrative and criminal treatment of environmental offences in Flanders

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1. Evolution of judicial cooperation of public prosecutors in

environmental law in B. and Fl.

• 10 reasons for specialisation and cooperation of public prosecutors in environmental law in Belgium;

• Evolution of judicial system in Belgium and Flanders;

• 3 considerations;

Criminal offence policy with respect to combating environmental offences in Belgium

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Why specialisation and cooperation?

1. Legislation complex and in a very fast evolution;

2. A lot of small public prosecutor’s departments (e.g. 5 to 10 Public Prosecutors);

3. Overcharged public prosecutor’s offices;

4. Different prosecution politics;

5. Difficult to find public prosecutors who want to specialise in environmental law;

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Why specialisation and cooperation?

6. Difficult to engage lawyers who are specialised in environmental law;

7. Flow of public prosecutors;8. Specialised lawyers;9. Inspections and administrations are also

organised on a higher level;10. Up scaling = less chances of being

prepossessed by local offenders

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1. Evolution of judicial cooperation of public prosecutors in

environmental law in B. and Fl.

• 10 reasons for specialisation and cooperation of public prosecutors in environmental law in Belgium;

• Evolution of judicial system in Belgium and Flanders;

• 3 considerations;

Criminal offence policy with respect to combating environmental offences in Belgium

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Situation from 1830 until 1980

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Situation from august 1980

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Situation from 1980 until 2007

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November 19th 2007: cooperation agreement Kortrijk-Ieper

• Ieper: food safety and human health

• Kortrijk: environmental law and urbanisation;

• Starting point: January 1, 2008

• Not including: “illegal dumping of domestic waste” and other “small, local” dossiers

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Situation from 2007 until end 2009

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December 14th 2009: PSV

• Cooperation between 4 and 3 public prosecutors in 2 different province’s;

• Matters “West-Flanders”:– Food safety and human health (Ypres)– IT-crimes and counterfeit (Veurne)– Human trafficking and human smuggling (Bruges)– Environmental law, urbanisation, animal welfare and

quality of housing (Kortrijk)

• Implementation in 2 times: November, 1st 2010 and October, 1st 2011

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Erelong situation

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Ideal situation

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Considerations

• Not the finish, but just a step to better prosecution of ECO-crime!!

• Cooperation of tribunals and judges??

• Next step: working group of Flemish environmental prosecutors

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2. The relationship between administrative and criminal treatment of environmental offences in Flanders

• May 2009: new Flemish environmental legislation (Decree);

• exclusive administrative fines for so-called “environmental infringements” (milieu-inbreuken)

• alternative administrative fines for so-called “environmental criminal offences”

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• “Environmental criminal offences”: only the public prosecutor has the right to decide;

• has the competence to forward his dossiers to the administrative authority within 180/360 days;

• the choice for one or the other proceedings is objectified an official document, called “sorting paper”;

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thirteen categories of dossiers that can not be transferred to the administrative authority to impose an alternative administrative fine:

(…)4. files where there is no (environmental) license at all, without (a

beginning of) regularization;5. files relating to the illegal management or abandonment of

hazardous waste or large quantities of waste, without (a beginning of) regularization;

6. files relating to significant damage to natural elements (protected fauna and/or species, ecosystems, forests, ...) without (a beginning of) regularization;

7. files with repeated or serious annoyance (presence of victims);

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4. files where there is no (environmental) license at all, without (a beginning of) regularization;

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5. files relating to the illegal management or dumping of hazardous waste or large quantities of waste, without (a

beginning of) regularization;

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7. files with repeated or serious annoyance (presence of victims);

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6. files relating to significant damage to natural elements (protected fauna and/or species, ecosystems, forests, ...)

without (a beginning of) regularization;

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Thank you for your attention!!