Criminal Law and Environmental Governance: Protection or Control?

• In Event: EU Law Criminal Policy

Abstract

Reforms such as the European Green Deal and the EU Directive 2024/1203/EU on Environmental Crimes (ECD) have been hailed as a turning point in environmental governance, strengthening criminal law’s role in penalizing environmental harm. However, while these measures target polluters, climate activists across Europe who continue to protest and demonstrate face prosecution for public order violations and property damage. In Italy, for example, the proposed Security Decree seeks to restrict protests, particularly impacting groups like Extinction Rebellion.
This raises concerns about a fundamental mismatch in environmental governance—why does the EU promote ambitious climate policies while Member States increasingly crack down on activism? Is criminal law genuinely serving environmental protection, or are we witnessing a Dr. Jekyll and Mr. Hyde dynamic?
This study examines the evolution of criminal law in environmental governance to assess which policies are effectively pursued in practice. Specifically, it employs discourse analysis to explore:
• Legal discourses, particularly the provisions within the Green Deal (ECD, CS3D, CSRD).
• Political discourses, including policy documents, reports, and institutional opinions, to identify shifts in narratives around environmental governance.
While the EU presents itself as a climate leader, the simultaneous crackdown on activism by national governments raises concerns about whether environmental policies truly prioritize ecological protection or serve economic and political interests. Is the suppression of protest primarily driven by public order concerns, the protection of economic stakeholders, or control over natural resources?
This study contributes to broader research on whether EU environmental legal frameworks use criminal law primarily to reinforce environmental protection, as a tool of political control, or both simultaneously.

Author

• Federica Montanaro, Sant'Anna School of Advanced Studies