THE EFFECTIVENESS OF ENVIRONMENTAL CRIMINAL PROTECTION IN EGYPT AND FRANCE: A COMPARATIVE ANALYTICAL STUDY

Document Type : Original Article

Authors

1 Faculty of Graduate Studies and Environmental Research, Ain Shams University

2 Faculty of Law, Ain Shams University

3 Institutional Support Unit, Ministry of Environment

Abstract

 In light of the escalating environmental degradation globally and locally, manifested in climate disruption across various ecosystems and environments, there is an urgent need for effective legal tools and mechanisms to address the scale of environmental degradation and violations. This necessitates legislative and executive intervention to regulate industrial activities by obligating them to comply with environmental standards and requirements, and activating oversight and punishment tools, most notably criminal protection, to ensure a balance between economic growth, investment promotion, and the preservation of the environment and living organisms. The study aims to analyze the effectiveness of environmental criminal law enforcement systems in combating environmental crimes between Egypt and France, in terms of legislative frameworks, oversight and executive bodies, enforcement mechanisms and penalties, and their impact on the environmental reality. It focuses on clarifying the strengths and weaknesses of each legal system and reviewing the most important challenges that reduce the effectiveness of criminal protection in the Egyptian context. The study demonstrates that the effectiveness of criminal protection does not depend on the availability of legal texts, but rather It depends on the mechanisms for its implementation and activation through a strong and integrated institutional system, judicial and executive coordination, the provision of environmental education to society, and strict criminal penalties that achieve deterrence. A comparative analytical approach was followed to achieve the study's objectives. The study also recommended enhancing transparency and environmental statistics, activating the role of specialized prosecution offices and courts in Egypt, gradually increasing penalties to transcend administrative measures and be deterrent, and providing trainig and digital devices to monitor environmental violations.
 

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