Carole M. Billiet, “Glorious simplicity”, ENPE Newsletter 2017/June, 6-7
On 24 January 2017 the Dutch court of Zeeland – West-Brabant, a first instance court, issued a judgement in a criminal case that, in its motivation, made an explicit check of the conformity of the inflicted penalty with the sanctioning criteria imposed by the ECJ and the Eco-crime Directive 2008/99/EC. Those criteria require nondiscriminatory, effective, proportionate and dissuasive sanctions The case involved violations of Article 2(35) of Regulation (EC) No 1013/2006 on shipments of waste. The judgement was the first in the Netherlands to make such explicit check. The author comments on the potential of such motivations to counter sanctioning inconsistencies throughout the EU, in the criminal and the administrative sanctioning tracks.
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