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European Union Case Law on the Birds and Habitats Directives

European Union Case Law on the Birds and Habitats Directives

SKU:10105325-0001
Liam Cashman, Nina Claudia Miron
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Price:
$142.00
Product Line
Kluwer Law International
ISBN-13
9789403525570
Availability
Ships in 5-7 Business Days
Last Updated
2023-12-12

Overview

Energy and Environmental Law and Policy Series


About this book:

European Union Case Law on the Birds and Habitats Directives is a comprehensive book focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, and furnishing a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline.


What’s in this book:

The book’s systematic structure provides the crucial details of a large body of cases the Court has decided following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following:


  • the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world;
  • the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive requirements to assess the impact of plans and projects;
  • requirements concerning unlawful or illegal activities;
  • the strict protection requirements that apply to wild birds and other species, together with related derogation provisions;
  • requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability;
  • challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies;
  • procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts.


How this will help you:

According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of humanity’s biggest threats in the next 10 years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a remarkable contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will significantly benefit from it.

Table Of Contents

Foreword

Acknowledgements

CHAPTER 1

Introduction

CHAPTER 2

Formal Recognition of Natura 2000 Sites

CHAPTER 3

Protection of Natura 2000 Sites

CHAPTER 4

Protection of Species

CHAPTER 5

Protection of Natural Areas Outside of Natura 2000 and Species Protection Areas, and Surveillance of Conservation Status

CHAPTER 6

Mixed or Related Case-Law

CHAPTER 7

Challenges Addressed or Influenced by the Court

CHAPTER 8

Procedures for Applying to the CJEU, and Access to Justice

Bibliography

Table of Cases

Index

Testimonial

The case law on the Birds and Habitats Directives has grown enormously, making it a challenging task to write a comprehensive book on the topic, requiring expertise, time, and perseverance. The authors, directors in the DG Environment of the European Commission, have succeeded in providing an excellent analysis of case law concerning the two Directives. In the rapidly growing body of case law on the Nature Directives over the past 30 years, it is important to see the forest for the trees. The authors, as directors in the DG Environment of the European Commission, are well positioned to do so, offering the reader an excellent analysis of case law concerning the Birds and Habitats Directives. As such, this book comes highly recommended for those professions working with these Directives.— Geert Van Hoorick – Comnon Market Law Review issue 3/2025


This history provides a key for unlocking the unique value of this excellent new book by Nina Claudia Miron and Liam Cashman, current and former officials of DG Environment of the European Commission (respectively), with Liam Cashman a recent retiree, having joined DG Environment in 1988. Both Miron and Cashman are ex-case handlers with DG Environment, entailing significant experience at the coalface of EU environmental enforcement.

 

What differentiates this book from existing work in the field is, first, its truly comprehensive and systematic coverage of the EU case law in respect of habitats and species conservation. Every reader will gain valuable new insights here.

 

Second, having worked on these issues in practice for many years for the European Commission, the authors are able to provide a unique insider perspective. This is not to say, of course, that the book gives away any ‘trade secrets’ as such. Rather, it implies that working on issues and cases in practice for a regulator such as the Commission enables the development of a deep well of knowledge that permits a particularly rich analysis of the caselaw.

 

Third, this EU regulator's perspective allows the authors to write authoritatively about subjects that others who work in the field likely engage with less frequently or less comprehensively in practice, such as the Commission's enforcement work, procedures for applying to the Court of Justice of the EU (CJEU), access to justice, and an overview of the challenges addressed or influenced by the CJEU in this area. As the authors put it, the CJEU's case law can be examined in ‘“close up” [but it] can also be viewed from a wider angle […] and assessed as to how it has addressed a number of broader challenges’ (at 253). Uniquely, this book does both very well.

 

And fourth, the authors have been able to draw linkages between the Nature Directives and diverse other areas of environmental law and policy, drawing on the full breadth of their extensive experience in practice.

 

 In summary, the depth and breadth of the knowledge and analysis condensed and provided by Miron and Cashman in this essential new book is unrivalled. The book certainly deserves a place on the bookshelves of all those who are active in this field. For academics, the book fills a gap by providing a comprehensive overview of the CJEU's case law across both species protection and habitat conservation under the Birds and Habitats Directives. It therefore represents an excellent reference text for those researching or writing on EU nature conservation law and related topics. Similarly, for practitioners, the book will be a valuable first port of call for those acting in cases that raise issues under the Directives. The book has been written accessibly, such that lawyers unfamiliar with the Directives will be able to bring themselves quickly up to speed, whilst those who are interested in very specific points of law under the Directives will be able to rapidly identify any relevant decisions of the CJEU. With Miron and Cashman's extensive knowledge and experience condensed within the pages of this book, and with the linkages they have been able to draw between the Habitats and Birds Directives and diverse other areas of EU policy and law, the book will be an invaluable companion to those seeking to make strategic, creative use of these Directives in their future conservation work. — Andrew Jackson, UCD Sutherland School of Law, University College Dublin, Dublin, Ireland

Review of European, Comparative & International Environmental Law (RECIEL), 2025;1–3.

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European Union Case Law on the Birds and Habitats Directives | Wolters Kluwer Legal & Regulatory