The Court of Justice and Protected Areas in the European Union

The Court of Justice of the European Union has played a major role in ensuring that the legislation designed to protect habitat important for biodiversity is given priority and that Member States do in fact resist the pressures to allow protected sites to be used for other purposes. Cases have made it clear that States have to take their conservation commitments seriously and are subject to external oversight. The Court has insisted that a precautionary approach is adopted in applying this area of law and that the procedures for analysing the risks and potential acceptability of any proposed project are not by-passed. Cases have also considered the status of sites during the extended designation procedures but shown weaknesses in terms of rapid intervention. The Court has thus been important in ensuring that the legislation offers not just an empty promise but a valuable tool for protecting nature across the European Union.