The judgment of the European Court of Justice of 13 September 2005 decided an important institutional conflict in the Union. At the request of the Commission, the Court annulled the Council’s Framework Decision 2003/80/JHA on the protection of the environment through criminal law. In so doing, the Court acknowledged that the member states can be obliged under Community law and its system of conditions to impose criminal sanctions if this is necessary to protect Community law. It is beyond doubt that they thus can be obliged under Union law and its conditions. The underlying questions are about the relationship between the first and third pillars and the logic of each.
