Environmental crime is
today one of the largest criminal activity in the world and among the most
profitable. In addition to the high level of environmental criminality,
environmental pollution in general remains a major issue in the European Union
(EU). Two Directives aim to address environment damages and environmental
crimes in a horizontal manner, in order to instore a sufficiently deterrent and
efficient system of environmental protection. The Environmental Crime Directive
(ECD) and the Environmental Liability Directive (ELD) both improved the legal
system for environmental protection in the EU but some major gaps remain such
as the lack of possibility for affected persons to access to justice under
these Directives and the lack of implementation and enforcement of these
provisions within Member States. This paper proposes a solution to build a
stronger and more comprehensive legal system for environmental protection at
the EU level, which is to put in place a toolbox including criminal,
administrative and civil tools to protect the environment. The interplay of these
different regimes allow for a more comprehensive legal framework capable of
responding to a variety of cases in the most efficient manner. In order for
this toolbox to function efficiently, two measures need to be implemented: a
harmonized data collection system for both Directives and mandatory financial
security.