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Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

Author

Listed:
  • Pavel Kotlán

    (Department of Business Economy and Law, PRIGO University, 736 01 Havířov, Czech Republic)

  • Alena Kozlová

    (Department of Business Economy and Law, PRIGO University, 736 01 Havířov, Czech Republic)

  • Zuzana Machová

    (Department of Business Economy and Law, PRIGO University, 736 01 Havířov, Czech Republic)

Abstract

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

Suggested Citation

  • Pavel Kotlán & Alena Kozlová & Zuzana Machová, 2021. "Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings," Sustainability, MDPI, vol. 13(14), pages 1-18, July.
    • Handle: RePEc:gam:jsusta:v:13:y:2021:i:14:p:7886-:d:594454
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    References listed on IDEAS

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    1. Dixon, Robert & Mousa, Gehan A. & Woodhead, Anne, 2005. "The Role of Environmental Initiatives in Encouraging Companies to Engage in Environmental Reporting," European Management Journal, Elsevier, vol. 23(6), pages 702-716, December.
    2. Farrow, Katherine & Grolleau, Gilles & Ibanez, Lisette, 2017. "Social Norms and Pro-environmental Behavior: A Review of the Evidence," Ecological Economics, Elsevier, vol. 140(C), pages 1-13.
    3. Włodzimierz Sroka & Richard Szántó, 2018. "Corporate Social Responsibility and Business Ethics in Controversial Sectors: Analysis of Research Results," Journal of Entrepreneurship, Management and Innovation, Fundacja Upowszechniająca Wiedzę i Naukę "Cognitione", vol. 14(3), pages 111-126.
    4. Muhammad Khalid Anser & Zhihe Zhang & Lubna Kanwal, 2018. "Moderating effect of innovation on corporate social responsibility and firm performance in realm of sustainable development," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 25(5), pages 799-806, September.
    5. Christopher D. H. Wilson & Ian David Williams & Simon Kemp, 2012. "An Evaluation of the Impact and Effectiveness of Environmental Legislation in Small and Medium‐Sized Enterprises: Experiences from the UK," Business Strategy and the Environment, Wiley Blackwell, vol. 21(3), pages 141-156, March.
    6. Yun Wang & Yanxi Li & Zhuang Ma & Jinbo Song, 2019. "The Deterrence Effect of a Penalty for Environmental Violation," Sustainability, MDPI, vol. 11(15), pages 1-19, August.
    7. Taylor Davis & Erin P. Hennes & Leigh Raymond, 2018. "Cultural evolution of normative motivations for sustainable behaviour," Nature Sustainability, Nature, vol. 1(5), pages 218-224, May.
    8. Lucia Maciková & Marián Smorada & Peter Dorčák & Benjamin Beug & Peter Markovič, 2018. "Financial Aspects of Sustainability: An Evidence from Slovak Companies," Sustainability, MDPI, vol. 10(7), pages 1-15, July.
    9. Taylor Davis & Erin P. Hennes & Leigh Raymond, 2018. "Publisher Correction: Cultural evolution of normative motivations for sustainable behaviour," Nature Sustainability, Nature, vol. 1(7), pages 375-375, July.
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