Legislatures throughout the world have issued elegant laws to protect the environment. Many nations profess the claim "We have the world’s best Environmental Protection Act". Given the number and wording of the regulations, the environment should therefore be in top shape everywhere.
Things are not that simple, however. This is even the case in Denmark, which is otherwise a rather manageable and well-organized society.
In theory it is enough that an Act or Statutory Order is published in the Danish legal gazette "Lovtidende". Every Dane - citizen, enterprise, authority - is thereafter bound to comply with the regulations.
However, as the ordinary Danish polluter - citizen or enterprise - does not read "Lovtidende", the real channels of communication are important. Experience from the environmental area seems to indicate that there are two main sources of information about the regulations: One is the enterprises’own attentiveness. Many enterprises keep in touch themselves or hear about the new regulations from others in the branch. This applies not least to the somewhat larger industrial enterprises. And it certainly applies to the agricultural sector, which is thoroughly organized with a system of advisors, associations and a weekly paper.
The other main source is the environmental authorities in the Counties and Municipalities. When they undertake a supervisory site visit, they can explain exactly what the regulations mean for the enterprise concerned.
In the case of both sources of information, there is considerable competition for the attention of the enterprises, the latter being bombarded with information from many sides. At courses for those setting up in business one is taught to concentrate on the most important regulations and forget the rest - otherwise one would never get started.
However, even if people know the regulations, it is not certain that they will comply with them. It all depends on their motivation for following them.
In this regard it should be taken into account that the prevailing attitude in Danish society is that one follows regulations that one considers sensible,and does not worry about the rest1. This is the attitude to regulations of a well- educated population with not too much respect for authority, and one that lies far from the attitude of previous generations that "the law is the law and should be obeyed". One could also say that the Danes prioritize.
As a consequence, willingness to comply with regulations is strongly sector-oriented: Thus one person could be an ardent supporter of law and order on the environmental front, while at the same time driving on country roads at 140 km/h (where the Danish speed limit is 80 km/h); another could be a supporter of law and order with respect to criminal law (well-known criminal acts, etc.), while at the same time considering environmental law to be pure hysteria; and a third, say a fish farm owner, could find it extremely important that farmers and municipal authorities comply with the regulations protecting watercourses,while at the same time considering environmental requirements to fish farms to be unreasonable.
All in all, though, the environmental area holds a favourable position in Denmark. The general attitude to the environment is positive, and in the case of some interprises the relationship to environmental legislation affects their image. Environmental regulations thus have a good chance of being accorded high priority.
The environmental authorities thereby have the possibility to solve rather many questions amicably through their running contact with the enterprises, partly in connection with authorization applications and especially in connection with supervisory site visits. The majority of environmental requirements can therefore be implemented without elements of force.
However, this chapter concerns how the supervisory and legal systems can be used to force unwilling polluters to comply with the regulations.
The EC leaves the enforcement of environmental regulations entirely in the hands of Member States. Thus on the environmental front the EC has neither the right to inspect enterprises, nor the right to inspect the control systems of individual Member States2.
The whole of this chapter concerns regulations that are purely Danish, and a control system that is the result of national decisions. I start by reviewing historical development, Denmark having also started by claiming to have the "World’s best Environmental Protection Act" (13.1). Then I describe the Danish supervisory system and its activities (13.2), administrative enforcement by the environmental authorities (13.3), and the Danish rules on liability for environmental damages (13.4).
Next follows an explanation of the police and courts, as well as of
access to the law enforcement and judicial system for the environmental authorities
(13.5). Thereafter I examine some central questions concerning criminal proceedings (e.g.
Does one indict enterprises or individuals? Can public officials be indicted? What blame
is required? What is the statute of limitations?) (13.6). Finally I examine the severity
of penalties (13.7).