1. WP2 kick-off N.J. Philipsen Faculty of Law, METRO
2nd EFFACE meeting, Rome, 30 May 2013

2. Overview Expertise research institute Metro
law and economics methodology
environmental law
Instruments, actors and institutions
presentation of general approach
no ex ante limits, except linguistic

3. Expertise Law and economics methodology
deterrence hypothesis Gary Becker as a starting point
rationality and corporate offenders
empirical research on expected sanctions and deterrence
Harrington paradox
enforcement strategies
deterrence approach vs compliance approach
hardcore perpetrators and targeting

4. Expertise Environmental law
research for Dutch Ministry of Environment, inter alia on NOx emissions trading and self-regulation by industry
research on access to justice in environmental matters for DG ENV
publications by Faure, e.g.
Environmental Directives and “effective penalties” (based on research for DG ENV)
publications on vague notions in environmental criminal law and on enforcement of environmental law in the Flemish region

5. Instruments, actors and institutions
U < q.E + p.D
Targeting enforcement interventions
Monitoring models: reactive and proactive
Post-detection discretion
offender types, deterrence vs compliance approach
Self-regulation and ADR
Administrative vs criminal sanctions
formal and informal sanctions
notion of error costs
actions by victims and third parties

6. Instruments, actors and institutions
Limits?
linguistic skills: English, French, German, Dutch, Spanish (passive)
Focus?
scientific skills: see prior experience above
actors: especially enforcement agencies, prosecutor and administrative agencies, and the co-operation between these agencies
Relation to other WPs and research questions