The Habitats Directive

Biodiversity within the European Union is under threat. Almost a quarter of Europe's vascular plant species and 155 species of its native mammals, birds, reptiles and amphibians are threatened with extinction. The Habitats Directive imposes a strict regime for environmental protection. But with the euro zone economy falling from 'stagnation' to 'contraction' in the second quarter of 2012 and the UK entering into a 'double dip' recession in April 2012, European governments face an economic crisis. The English courts have said that the Directive should not become a property developer's obstacle course. Yet the tensions between environmental protection and economic growth are all too readily apparent with the UK government stating both that we must 'arrest the decline in habitats and species and the degradation of landscapes' and later that 'gold plating of EU rules on things like habitats' was putting 'ridiculous costs' on business enterprise. Edited by Gregory Jones QC, The Habitats Directive: A Developer's Obstacle Course? brings together a unique combination of leading academics and practitioners in the field of European environmental and planning law to address and debate controversial issues arising from the Habitats Directive in an authoritative and practical manner. A must for anyone engaged in property development, planning and environmental law.

Autorentext

Gregory Jones QC is a barrister in the Chambers of Andrew Tait QC, Francis Taylor Building, London. He is called to the bars of England & Wales, Northern Ireland and the Republic of Ireland. Since working as a stagiaire at the European Commission and as Jean Pierre Warner Scholar at the European Court of Justice, Gregory has established himself as a leading practitioner in the fields of planning and environmental law with a particular expertise in the impact of EU environmental law. He has been involved in many leading planning and environmental cases not only before public inquiries and courts in England & Wales and Northern Ireland, but also before the Court of Justice of the European Union.

Inhalt

1. The Bern Convention and the Origins of the Habitats Directive
   Gregory Jones QC
   
   2. A Comparison of the Habitats Directive with the 1992 Convention on Biological Diversity
      Catherine MacKenzie
   3. After Morge, where are we now? The Meaning of 'Disturbance' in the Habitats Directive
      Charles George QC and David Graham
   4. How to Deal with Candidate SACs and Potential SPAs
      Gregory Jones QC and Ned Westaway
   5. The Meaning of 'Any Plan or Project' Under Article 6(3)
      Stephen Tromans QC
   6. Appropriate Assessment: A Paper Tiger?
      Peter Scott
   7. SANGs: The Thames Basin Case Study
      Simon Ricketts and Sarah Bischoff
   8. The Habitats Directive: Nature and Law
      Paul Stookes
   9. Adverse Effects on the Integrity of a European Site: Some Unanswered Questions
      Gregory Jones QC
   10. Are Imperative Reasons Imperiling the Habitats Directive? An Assessment of Article 6(4) and the IROPI Exception
       Rebecca Clutten and Isabella Tafur
   11. The Maritime Dimensions of the Habitats Directive: Past Challenges and Future Opportunities
       Richard Caddell
   12. Judicial Review, the Precautionary Principle and the Protection of Habitats: Do we have a System
       of Administrative Law yet?
       Denis Edwards
   13. The Principle of Equilibrium in Environmental Law: The Example of the Habitats Directive
       Andrew Waite