The development of a criminal legal framework for environmental protection: The case of Kosovo

Abstract

Criminal legislation on environmental protection has undergone a natural evolution of development, with continuous qualitative changes in order to provide the most advanced approach to protection of the environment. The criminal legal framework for environmental protection in Kosovo has been exposed to these constant changes, which is reflected in all applicable laws in this field since 1977. This paper aims to highlight the manner of such development, respectively to describe the characteristics that have distinguished the legal framework for environmental protection, from the Criminal Law of 1977 to the currently applicable Criminal Code of Kosovo. The paper also sets out to cover the similarities and differences that these laws, namely criminal codes, have had over the years. In this study we used the qualitative method of legal analysis and comparison, and a review of relevant literature. Based on the results of this study, it can be concluded that the criminal legal framework regarding environmental protection has been continuously developed and undergone significant qualitative changes over the years. Initially, the criminal law rules for environmental protection in Kosovo appeared with the Criminal Law of 1977, but due to political circumstances, these rules remained unchanged and without any impact on the objective reality. During the time of international administration, and the issuance of the Provisional Criminal Code of Kosovo, some types and elements of these criminal offenses were inherited from the environment sector, but in general, the criminal legal framework has changed radically, taking as its reference the international standards and legal solutions provided by states with legislation developed in this field. Following Kosovo’s declaration of independence, and even with the adoption of two criminal codes, the chapter on criminal offenses against the environment has been preserved and has not undergone any significant changes other than full recognition of the responsibility of legal entities for all criminal offenses.