A major issue of legal theory today is to explore the problems raised by the so-called “green criminal law” or „green criminology.” Serious environmental disasters and the harmful effects of climate change also imply a rethinking of the established system and conceptual features of criminal law. Despite the European Union's efforts to develop environmental criminal law, the question arises as to whether criminal law can be seen as having an environmental function, and whether criminal law is suitable for protecting the environment. Recently there have been problems of effectiveness in the regulation of environmental criminal law at European and national level, and a new EU directive had to be adopted because the previous one had proved ineffective in achieving environmental objectives. It is therefore important to go deep inside the theoretical foundations that can provide a coherent explanation for the ineffectiveness of environmental criminal law and environmental regulation in general, and to find a justificatory framework that can justify the obligation to comply with these norms.