Environmental assessment under the Habitats Directive: something other than a procedure?

Abstract

Purpose

The purpose of this paper is to examine the impact of the assessment procedure under the European Union Habitats Directive. The wider scope of this procedure together with the lack of detail as to its requirements has originated from an important body of case law from the European Court of Justice. The Court has steadily clarified some of the key matters underlying the procedure. Its case law now represents a significant constraint for development plan and projects affecting Natura 2000 sites.

Design/methodology/approach

The methodology is based on the analysis of the directive’s text [Article 6(3) and (4)] in the light of the case law. This paper aims to highlight the relevant findings of the European Court and how they limit the prima facie discretion on the part of the Member States.

Findings

The basic findings could be summarised as follows: the environmental assessment procedure under the Habitats Directive represents a strong tool for controlling activities affecting Natura 2000 sites. Unlike the other environmental assessment directives, a negative conclusion concerning their effects precludes any execution. Significant territorial gaps between plans and projects and Natura 2000 sites do not necessarily avoid the carrying out of complete assessments. The conjunction between a general duty to prevent the deterioration of sites and environmental assessments requires that projects authorised before the designation of sites may be subject to this procedure.

Originality/value

The originality of this paper is based on a structured presentation of the key matters surrounding the assessment procedure in the light of the recent case law.

Citation

Garcia-Ureta, A. (2018), "Environmental assessment under the Habitats Directive: something other than a procedure?", Journal of Property, Planning and Environmental Law, Vol. 10 No. 2, pp. 113-125. https://doi.org/10.1108/JPPEL-02-2018-0009