The possible effects of the new ECD on the protection of the environment through criminal law in the member states of the European Union

The new Environmental Crime Directive (ECD) was adopted in April 2024 and is expected to be implemented by 2026 by the Member States of the European Union. The criminal law protection of the environment has a relatively long history in the European region, but it has been surrounded by controversy and legal debate. Directive 2024/1203/EU is replacing the Environmental Crime Directive of 2008. The latter legislation has faced continuous criticism since its acceptance. The "new" ECD was influenced by remarks on the protection of the environment through criminal law and by events in the international sphere, including the emerging concept of ecocide. In the presentation and paper, the Authors would like to explore the ECD's novelties to answer the question, "Is there anything new under the sun" in the era of criminal law protection of the environment with particular regard to the European sphere. Furthermore, the approach must be critical, as environmental protection has a long history in the European Union; therefore, the new instruments should learn from the previous legislative shortcomings. Firstly, the Authors will highlight the history of environmental criminal law in the European Union and the failures of the previous ECD. Additionally, the international influencing factors, with special regard to ecocide, are emphasised. Finally, the potential changes in the Member States' environmental crime legislation are summarised.