Addressing issues of criminal and civil liability in the context of climate change
Recommendation 2213
(2021)
Author(s):
Parliamentary Assembly
Origin
Assembly
debate on 29 September 2021 (27th sitting) (see Doc. 15362, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Ziya Altunyaldiz). Text
adopted by the Assembly on 29 September 2021 (27th sitting).
1. Referring to its Resolution 2398 (2021) “Addressing
issues of criminal and civil liability in the context of climate
change”, the Parliamentary Assembly welcomes the establishment by
the European Committee on Crime Problems (CDPC) of its Working Group
on the Environment and Criminal Law (CDPC-EC).
2. Bearing in mind the work recently started by the CDPC-EC,
it recommends that the Committee of Ministers draft without delay
a new legal instrument to replace the Convention on the Protection
of the Environment through Criminal Law (ETS No. 172), which remains
unimplemented due to the lack of ratifications. The new legal instrument
should address the recent developments in the environmental situation (including
climate change) and should seek to update and improve the existing
convention. It should combine the fundamental principles of criminal
and environmental law and try to achieve a minimum degree of harmonisation
as regards definitions of criminal offences and related sanctions,
according to the following principles:
2.1 the offences and sanctions must be governed by the principle
of legality, namely they must be defined clearly and precisely;
2.2 sanctions must be necessary and proportionate;
2.3 recognition of the general interest of protecting the
environment shall be the core principle;
2.4 a harmonised sanctions mechanism shall be based on solidarity
between the States and the existence of common rules for developing
international co-operation in criminal law;
2.5 the cost of climate change and inaction with regard to
environmental challenges must be well defined, and effective measures
shall be taken and policies developed within a comprehensive and inclusive
framework, in co-operation with other international organisations,
in particular the United Nations, the World Bank, the Organisation
for Economic Co-operation and Development (OECD) and the European
Union.
3. The Assembly also recommends that the Committee of Ministers:
3.1 conduct a study on the notion
of “ecocide”, its introduction into domestic legislation and its possible
universal recognition;
3.2 examine why there have been no ratifications of the Convention
on Civil Liability for Damage Resulting from Activities Dangerous
to the Environment (ETS No. 150) and encourage member States to
ratify it;
3.3 consider the advisability of revising this convention
(in particular by updating its Appendix I on dangerous substances)
or replacing it with another legal instrument better adapted to
the current environmental challenges;
3.4 conduct a study on national climate litigation cases;
3.5 when taking stock of the implementation of its Recommendation
CM/Rec(2016)3 on human rights and business, reflect on how environmental
issues are taken into account by member States of the Council of
Europe, in particular in the context of access to effective remedies
and due diligence procedures.
