Journal of Danubian Studies and Research, Vol 2, No 1 (2012)

Abstract

In this paper we examine briefly the provisions of two European acts establishing a
criminal penalty system for discharges of polluting substances in waters under the jurisdiction of EU
Member State. Although the two European legislative acts were adopted in 2005, the conducted
research represents a novelty, and it can be useful both to theorists, practitioners in the field, and to
the European legislator. Essential contribution to the field, is to examine the documents adopted at
EU level, as well as critical opinions formulated, completed and the need to supplement or taking
another piece of legislation, given the new changes in the structure of crime in the area, and the need
for effective preventive measures. Also, the paper highlights the need for increased specific activities
of judicial cooperation in criminal matters between Member States, by adopting effective legislation,
including the territorial jurisdiction and resolve operational conflicts of competence Also, the paper
highlights the need for increased specific activities of judicial cooperation in criminal matters
between Member States, by adopting effective legislation, including the territorial jurisdiction and
hence the operative resolving conflicts of jurisdiction arising between Member States or between a
Member State or a state not a member of the European Union.