Article 1 - Reflections on some of the everyday challenges due to the complexity of waste crime legislation

Abstract

The legislation relevant to waste crime is very complex.
A case study from everyday life as a Danish prosecutor shows that the complexity of the legislation can have a fundamental impact on court rulings.
The case study concerns a criminal case regarding the cross-border transport of waste. The waste was transported from Sweden through Denmark to Germany. During the investigation of the case – and even during the trial itself – the competent authority changed its mind about which articles in the relevant regulation the indictment should refer to.
Only the international legislation relevant to the specific criminal case is commented on in the following.
The analysis of the case study shows that the legislation is based on reference upon reference upon reference. 
Although the main regulation in the criminal case is a European one  – Regulation (EC) No  1013/2006  – this regulation does not state the relevant definitions or procedures within the regulation itself but through references to EU directives, the Basel Convention, etc.
The complexity of the legislation makes it difficult for authorities to navigate the legislation – even so difficult that it means criminal cases are sometimes lost in court.