Screen LibraryEU environmental principles and scientific uncertainty before national courts : the case of the Habitats Directive /
"This book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directive (the core of EU nature conservation law) are usually seen as the most 'uniform' parts of EU environme...
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| Group Author: | ; ; |
|---|---|
| Published: |
Hart,
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| Publisher Address: | Oxford : |
| Publication Dates: | 2023. |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"This book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directive (the core of EU nature conservation law) are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 EU current and former member states' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles"-- |
| Carrier Form: | xliii, 380 pages ; 24 cm |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781509948192 1509948198 |
| Index Number: | KJE6242 |
| CLC: | D950.26 |
| Call Number: | D950.26/E899-6 |
| Contents: |
Introduction / 'Science' in court : the importance of specificity / The European Court of Justice's approach to scientific and factual matters in the Habitats Directive : between uncertainty and precaution / Judicial review and enforcement of the Habitats Directive in Ireland / The boundaries of administrative judicial review in Lithuania in Natura 2000 cases / The scrutiny of scientific evidence by UK courts in environmental decisions: legality, the fact-law distinction, and (sometimes) self-limiting review / Judicial review of the application of Art 6 (3) Habitats Directive : how the Dutch Council of State integrates science, expertise and scientific uncertainty / Of ostensible self-restraint, explicit environmental protection, and a missing link : the appropriate assessment in Italy / Legal approaches to scientific uncertainty in Germany : the case of EU nature conservation law / Reasoning styles, the role of discretionary judicial choices and the limits of judicial review : the Hungarian courts' experience with the Habitats and Wild Birds Directives / The EU nature conservation law in Finnish judicial review : various avenues, coalescing case law? / The intensity of judicial review in environmental litigation in Greek law with special regard to habitats sites / The weakness of the judiciary and the poor implementation of the Habitats Directive : how judicial self-restraint endangers biodiversity protection in France / The habitats directive in the Romanian courts : procedure vs substance / Biodiversity in the court : the certainty of contests about uncertainty / Scientific uncertainty before the Court of Justice and the General Court : is the judicial toolbox sufficient? / Conclusions / |