The annual conference of the European Forum of Judges for the Environment was held in Brussels, Belgium, from 18 to 19 October 2010. The judges participating discussed the implementation and enforcement of the European biodiversity law and also made recommendations regarding its proper implementation in Member States.
Two principal directives, the Bird’s Directive and the Habitats Directive, which provide a legal framework for the Natura 2000 network, were examined during the conference. The judges stressed the importance of protecting biodiversity as a single entity and not only when it concerns certain habitats and certain species which enjoy a special protection status.
The Judges’ Forum also highlighted the increase in the number of violations of measures aimed at protecting the national fauna and flora. The type and level of penalties differ from State to State and the gaps in the national legislation often permit the application of fines where criminal sanctions could have been imposed. Violations of biodiversity law committed by organized crime networks were also mentioned. Such activity has been observed in Spain, were, in the early years 2000, about a hundred eggs of protected bird species were stolen.
The judges also underlined the importance of strengthening the role of the European Court of Justice. The Court may have to emerge from the strict interpretation of Environmental Directives, whose framework is sometimes inadequate to cover all the aspects of biodiversity. As mentioned, species born in captivity are not considered to be protected species and therefore are not protected under the European Council’s Bird Directive.
During the meeting, the European Commission’s Environment DG presented new guidelines in connection with certain activities that can affect the sites of the Natura 2000 network, such as the necessity to guide National Courts, competent Authorities and project developers, the reconciliation of projects and nature protection and the promotion of the compliance with the EU legislation. In this regard, the Environment DG recommended that States should take compensatory measures when, in spite of negative conclusions regarding a plan or a project following the environmental impact assessment, its implementation is nonetheless deemed necessary for reasons of greater public interest.
Notes
1. The European Union Forum of Judges for the Environment was created in Paris, on February 28, 2004. It is an international non-profit association and its main purpose is to promote, in the perspective of sustainable development, the implementation of National, European and international Environmental Law.
2. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.
Text at : http://europa.eu/legislation_summaries/environment/nature_and_biodiversity/l28046_en.htm.
3.Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Text at : http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.htm.
Source: European Forum of Judges for the Environment
For further information:
http://www.eufje.org/
http://www.eufje.org/EN/conferences/brussels_2010/program_including_presentations
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MEPIELAN Centre
MEPIELAN Centre is an international research, training and educational centre established by Professor Evangelos Raftopoulos at the Panteion University of Athens in 2008.
Before its establishment as a University Centre, MEPIELAN operated as a successful international research, training and informational programme (2002-2007) under the scientific direction of Professor Evangelos Raftopoulos and the aegis of the Panteion University of Athens, supported by the Mediterranean Action Plan/UNEP and the Greek Ministry of the Environment, Physical Planning and Public Works.
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