EU Environmental Principles and Scientific Uncertainty before National Courts: The Case of the Habitats Directive

Table of Contents
Contributors
Table of cases
Table of legislation
Introduction
I. Aims of and Justification for Comparative Analysis
II. The Thematic Landscape
III. Structure
PART I: COURTS, SCIENCE AND THE HABITATS AND WILD BIRDS DIRECTIVES
1. 'Science' in Court – The Importance of Specificity
I. Introduction
II. The Habitats Directive and Scientific Tests
III. Defining 'Science'
IV. Conclusions
2. The European Court of Justice's Approach to Scientific and Factual Matters in the Habitats Directive – Between Uncertainty and Precaution
I. Introduction
II. The Classification of Natura 2000 Sites
III. Species Protection and the Assessment of their Favourable Conservation Status
IV. 'Appropriate' Environmental Assessment and Best Available Scientific Knowledge
V. Concluding Remarks
PART II: REVIEWING SCIENCE AND LAW IN THE MEMBER STATES’ COURTS
3. Judicial Review and Enforcement of the Habitats Directive in Ireland
I. Introduction
II. Legal Framework Governing Judicial Review of Planning Decisions
III. The Habitats Directive in Judicial Review Proceedings
IV. Conclusion
4. The Boundaries of Administrative Judicial Review in Lithuania in Natura 2000 Cases
I. Introduction
II. General Approach Towards the Scope and Intensity of Judicial Review of Lithuanian Administrative Courts
III. The Issue of Scientific Uncertainty in the Case Law on the Habitats, Birds and EIA Directives
IV. Conclusions
5. The Scrutiny of Scientific Evidence by UK Courts in Environmental Decisions: Legality, the Fact-Law Distinction, and (Sometimes) Self-Limiting Review
I. Introduction
II. The National Implementation of the WBD and HD in the UK
III. Avenues for Challenging Decisions Relating to the WBD and HD in the UK
IV. An Analysis of the Use of Scientific Evidence in the UK Legal System
V. Conclusion: Assessing Conformity with Constitutional Norms
6. Judicial Review of the Application of Art 6(3) Habitats Directive: How the Dutch Council of State Integrates Science, Expertise and Scientific Uncertainty
I. Introduction
II. Legal Context
III. Expert Knowledge in the Courts
IV. Key Points in Judicial Review of the Application of Art 6(3)
V. Conclusion
7. Of Ostensible Self-Restraint, Explicit Environmental Protection, and a Missing Link: The Appropriate Assessment in Italy
I. Introduction
II. The Italian Implementation of the HD and WBD: A Paper Tiger?
III. The Intensity of Review and the Rules on Evidence before Italian Administrative Courts: Of Hands-Off Doctrines and Limited Access to the Facts of the Case
IV. Case Law in the Fields of the HD and WBD
V. Conclusion
8. Legal Approaches to Scientific Uncertainty in Germany – The Case of EU Nature Conservation Law
I. Introduction
II. Environmental and Technology Law, Scientific Uncertainty, and the Role of the Courts
III. Scientific Uncertainty in EU Nature Conservation
IV. Conclusions
9. Reasoning Styles, the Role of Discretionary Judicial Choices and the Limits of Judicial Review: The Hungarian Courts' Experience with the Habitats and Wild Birds Directives
I. Introduction
II. The Habitats Directive in Hungary: Domestic Rules and Implementing Authorities
III. Evidentiary Rules and Procedural Powers of the Executive and the Judiciary
IV. Demarcating Scientific and Legal Assessments and the Limits of Judicial Review
V. Concluding Remarks: How Deep Do Judges Go when Scrutinising Scientific Complexities?
10. The EU Nature Conservation Law in Finnish Judicial Review: Various Avenues, Coalescing Case Law?
I. Introduction
II. The Implementation of the HD in Finland and the Competent Authorities
III. The Foundations of Finnish Environmental Judicial Review
IV. Case Law Concerned with the HD – Reflecting the Procedural Dichotomy?
V. Conclusion
11. The Intensity of Judicial Review in Environmental Litigation in Greek Law with Special Regard to Habitats Sites
I. Introduction
II. Implementation of the Birds, Habitats and EIA Directives in Greek Law
III. General Introduction to the Greek Legal System Regarding Review of Administrative Action, Especially with Regard to the Rules on Intensity of Review and on Evidence
IV. Case Law on Scientific Uncertainty in the Fields of Habitats, Birds and EIA Directives
V. Conclusions
12. The Weakness of the Judiciary and the Poor Implementation of the Habitats Directive: How Judicial Self-Restraint Endangers Biodiversity Protection in France
I. Introduction
II. The Implementation the WBD, HD and EIA Directives in France: A Patchwork of Different Instruments
III. Judicial Review of Administrative Action in France: Some Basic Elements
IV. The Case Law: A Comprehensive Approach to Scientific Uncertainty
V. Conclusion
13. The Habitats Directive in the Romanian Courts: Procedure vs Substance
I. Introduction
II. The National Implementation of the Wild Birds, Habitats and EIA Directives
III. The Intensity of Review and the Rules of Evidence before Romanian Courts in Environmental Matters
IV. Case Law on Scientific Uncertainty in Relation to the HD, WBD and EIA
V. Scientific Evidence and the Precautionary Principle
VI. Conclusion
PART III: BROADENING THE VIEW
14. Biodiversity in the Court: The Certainty of Contests about Uncertainty
I. Introduction
II. The Limits of Environmental Knowledge
III. Types of Uncertainty
IV. Stages in Biodiversity Conservation where Uncertainties Occur
V. Courts' Responses to Uncertainties
VI. Conclusion
15. Scientific Uncertainty before the Court of Justice and the General Court: Is the Judicial Toolbox Sufficient?
I. Introduction
II. The Judicial Toolbox
III. Substantive Law and the Burden of Proof
IV. Empirical Investigations in Judicial Proceedings
V. The Techniques of Judicial Engagement with Science
VI. Conclusions
Conclusions
I. Introduction
II. Decision-Making Process
III. The Procedural Eco-System
IV. The Level of Protection
V. Conclusions
Index