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The European ecological network “Natura 2000” and its derogation procedure to ensure compatibility with competing public interests

Authors: Möckel, Stefan;

The European ecological network “Natura 2000” and its derogation procedure to ensure compatibility with competing public interests

Abstract

Natura 2000 network covers over 18 percent of the land area in the European Union. All proposals for development affecting these sites must be previously assessed for their implications for the site’s conservation objectives. In cases where it cannot be ascertained that there is no adverse effect on the integrity of a Natura 2000 site, the proposal for development can now only be approved within the scope of a derogation assessment pursuant to Article 6(4) of the Habitats Directive 92/43/EEC1 (HD). This article explores the requirements for an approval for derogation. In addition to the decisions of the European Court of Justice (ECJ)2 and the European Commission guidelines on this issue, this article focuses, in particular, on the comprehensive German Federal Administrative Court (BVerwG)3 decisions on this matter, which has had to assess a substantially greater number of cases to date, and provides a critical discussion on this in relation to the conservation aims of the Habitats Directive.

Keywords

derogation procedure, QH1-199.5, Birds Directive, imperative reasons of overriding public interest (IROPI), Germany, assessment of alternatives, BVerwG, Natura 2000, QH540-549.5, impact assessment, Ecology, appropriate assessment, case law, ECJ, General. Including nature conservation, geographical distribution, Article 6(4) Habitats Directive, compensatory measures, coherence, European Union (EU)

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
views
OpenAIRE UsageCountsViews provided by UsageCounts
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