Relationship between Criminal and Administrative Enforcement and Sanctioning for Environmental Crimes
Principle of legality (nullum crimen, nulla poena sine lege)
The principle of legality is protected by ECHR and, according to the CJEU, is one of the general principles of EU law. It precludes imposing sanctions not recognised in the national law (see Case C-546/09 Arubis Balgaria). To constitute a crime, it requires a clear and unambiguous legal basis (Case C-210/00 Käserei Champignon Hofmeister). This may present a difficulty if the national environmental law implements the EU law with its autonomous definitions.
For example, see the opinion of the Advocate General in Case C-624/17 Tronex, § 51: “It is reasonable to question, however, whether the concept of waste is defined with sufficient precision to justify a criminal penalty in the main proceedings. In accordance with the first sentence of Article 49(1) of the Charter of Fundamental Rights, after all, much importance is attached, both in the EU legal order and in national legal systems, to the requirements which the principle of the legality of criminal offences and penalties (nullum crimen, nulla poena sine lege) imposes with respect to foreseeability and precision.”
As a general rule, to ascertain the meaning and scope of a provision, it is necessary to interpret the EU law by taking into account the wording of the provision and the objective pursued by the legislation in question (see Case C-184/14 A, § 32, or Case C-304/15 Commission v United Kingdom) and also to examine its general scheme (see C-585/10 Møller, § 28).