Page 75 - AEI Insights 2020 - Vol. 6, Issue 1

Bajrektarevic, 2020b

• quantification of damage is not forthright – especially concerning health or loss of
livelihood
• it hard to bring action against crimes committed by subsidiaries or subcontractors
because they often face obstacles before the EU Court
• the European Union is a member of the multilateral environmental agreements and
developed expertise in its instruments, tools, networks, NGOs and enforcement
agencies that operate and are involved in both EU and transnational cases
• EU enforcement networks and agencies are :
• European Network for Prosecutors and IMPEL - national and transnational level
• European Union provides funding for the International Consortium on Combating
Wildlife Crime (ICCWC)
• Finally, the existing UN Convention of Corruption covers only a public sector segment
of it. Regrettably enough, this instrument does not cover private sector at all. As
professor Bajrektarevic defined it: “corruption is seemingly victimless tradeoff between
influence and gain”. That means that it stretches from private to public sector easily.
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International level

UN ODC
• UNODC, established in 1997, is a network which coordinates actions and encourages
cooperation among international agencies and NGOs in the fight against illicit drugs
and international crime. It has a mandate to assist Member States in their fight against
transnational crimes and offers advice to State parties in order to raise awareness of the
importance of environmental crime and organized crime on different ways they can be
combatted
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• State parties have difficulties dealing with organized environmental crime due to the
lack of legal and criminal policy tradition in the field – the intervention of
international institutions is becoming more relevant
• however, it is still unclear how organized environmental crime should be addressed, as
a specific criminal offence or just an aggravated circumstance of other related
environmental crimes.
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Financial Action Task Force (FATF)

FATF included organized crime in its list of designated categories of offences. FATF is an
intergovernmental body, which provides insights on how to best address environmental crime
and identify possible ways how investigation and prosecution of such crimes may be assisted.
FAFT has 35 member states and two regional organizations (European Commission and the
Gulf Cooperation Council) with the objective of developing and promoting policies to combat
the financing of terrorism measures and anti-money laundering, handle high-risk, non-

10 Bajrektarevic, A. (2011), The JHA Diplomacy: The Palermo Convention – Towards the Universal Criminal Justice, Addleton Academic
Publishers, NY – 3(1)2011 GHIR
11 The United Nation Office on Drugs and Crime (UNODC): About UNODC, https://www.unodc.org/unodc/en/about-
unodc/index.html?ref=menutop (accessed on 22.08.2019
12 European Commission: EFFACE Brussels (2015): Organized Crime and Environmental Crime International Legal Instruments
(summary);
https://efface.eu/sites/default/files/EFFACE_Organised%20Crime%20and%20Environmental%20Crime_International%20Level.pdf
(accessed on 29.09.2019)

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