Environmental Liability and Nature Protection Areas Will the EU Environmental Liability Directive Actually Lead to the Restoration of Damaged Natural Resources?

15 Pages Posted: 10 Sep 2009

See all articles by Berthy van den Broek

Berthy van den Broek

Utrecht University - Centre for Environmental Law and Policy; Utrecht University - School of Law

Abstract

Several European environmental directives contain the obligation to designate areas. In this article four directives on area protection are discussed. The exact procedure for the designation of areas differs, but case law shows that this instrument is very likely to cause problems. The European Commission, the Member States and the European Court of Justice each have their own interpretation of the obligation. The Member States resort to a margin of discretion in designating areas or try to limit the scope of the directive to allow a balance of ecological versus other interests. The Commission and the ECJ focus on the goal of the directives, which is environmental protection. They usually come to a stricter interpretation of the directives with less freedom for the Member States.

Keywords: European environmental law, directives, implementation, area protection

Suggested Citation

van den Broek, Berthy, Environmental Liability and Nature Protection Areas Will the EU Environmental Liability Directive Actually Lead to the Restoration of Damaged Natural Resources?. Utrecht Law Review, Vol. 5, No. 1, pp. 117-131, June 2009, Available at SSRN: https://ssrn.com/abstract=1440131

Berthy Van den Broek (Contact Author)

Utrecht University - Centre for Environmental Law and Policy ( email )

Domplein 29
Utrecht, 3512
Netherlands

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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