Page 81 - AEI Insights 2020 - Vol. 6, Issue 1

Bajrektarevic, 2020b

regulation of legal markets (bureaucracy and
high public spending)
link between environmental crimes and initiating discussion on starting to create a
corruption is facilitated by a legal approach concrete legal approach
is formalistic
organized crime networks are key actors in transparency of public permit and access
environmental crimes – control of public granting systems, one stop shops
resources by influencing the public
administration (on a local, regional, national
level)

rising production of hazardous waste – positive incentives (e.g. providing for
especially electrical and electronic waste recycling facilities and creating markets for
recycled (strategic) materials)

low risk of prosecution, light sentences and more dissuasive penalties
guarantee of high profits – lack of harsh
sentences

increasing number of legal enterprises decide create a system where rules are worth to
to traffic or illegally dump their waste follow; decrease the price of waste
through brokers and facilitators - gaming the incineration/disposal
system costs less than playing by the rules
(obeying the rules)
undetermined grey areas of extension makes further investigation of related crimes,
it difficult to assess the link between criminal offences
activities and illegal trade of e-waste
environmental crime is interlinked with the improvement of institutional collaboration
exploitation of disadvantaged communities, between different agencies and stakeholders
human rights abuses, violence, conflict, involved in environmental protection
money laundering, corruption

distortion of market and of the rules of fair creation of enforceable competition rules
competition by criminal networks

The way forward
As the identified gaps and barriers demonstrate, despite all of the strides taken towards an
internationally enforceable definition on environmental crime, much still needed to be done.
Institutional collaboration among stakeholders and agencies needs to be improved as well as
the currently existing approaches need to be harmonized. This however cannot be carried out
without proper financial support of these gap filling mechanisms that create a unified voice.

Coming to an agreement on the internationally recognized definition on environmental crime
will yield further benefits. Not just because these types of crimes will be addressed explicitly,
but more emphasis will be put on preventing them from happening with a proper set of
comprehensive universal financial and legal instruments. An improved institutional framework
between agencies and stakeholders that protects environment could cooperate on an extended
basis, working towards combatting these types of crimes. The very creation of such framework
could also contribute to the harmonization of monitoring and reporting systems, not just on the

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