No abstract

We investigate the influence of a judge's objective function on the type of sanctions used for enforcing environmental standards. We focus on the difference between monetary and non-monetary penalties. Therefore, we examine the extent to which judges take social costs of sanctions into account when making judgments in court in the context of environmental violations. Furthermore, we conduct an empirical analysis to test the main findings of the theoretical model using court data from several Belgian jurisdictions. We find that besides minimizing environmental damages judges also take social costs of sanctions into account in their decisionmaking.

We analyze judicial policy lines concerning the punishment of environmental crime using a unique European dataset of individual criminal cases, including case-specific information on offenses and offenders. We investigate policy choices made by lower criminal courts, as well as their follow-up by the relevant court of appeal. The sanctioning policy of the courts has proven to be varied as well as consistent. Judges carefully balance effective and suspended penalties, most often using them cumulatively, but in specific cases opting to use them as substitutes. Overall, both judges in lower and appeal courts balance environmental law and classic criminal law and aim at protecting individuals and their possessions as well as the environment.

No abstract

We investigate the influence of a judge's objective function on the type of sanctions used for enforcing environmental standards. We focus on the difference between monetary and non-monetary penalties. We examine the extent to which judges take social costs of sanctions into account when making judgments in court in the context of environmental violations. We also conduct an empirical analysis to test the main findings of the theoretical model using court data from several Belgian jurisdictions. We find that besides minimizing environmental damages judges also take social costs of sanctions into account in their decision-making.