The European Network Natura 2000 between European and National Law
29 May 2012 | Joint Seminar
Coordinating the Protected Area Regime
Introduction
Natura 2000 network represents the milestone of biodiversity protection at EU level. It is based on the Habitats Directive (enacted by the European Union in 1992), requiring Member States to designate special areas for conservation (SAC). Natura 2000 network aims at ensuring a long term sustainability of the most endangered and valuable natural resources.
The first part of the seminar described European policies in the field of nature conservation, focusing on the legal aspects. The main task of the European legislation is to coordinate and harmonize the National approaches to conservation of nature, keeping in mind the extremely diverse regime of protected areas in National environmental laws. The Habitats Directive tries to expand the concept of nature conservation far beyond the traditional nature reserves, and the European network aims to strike a balance between human activity and wildlife in a living and changing landscape.
The second part of the seminar focused on the setting up of the special conservation areas and on the requirements that Member States have to meet to implement the network. It also discussed the role of Member States to carry out this nature protection system and provided an overview on its enforcement.
The third part analyzed the wide range of measures of conservation, both strict protection systems and management tools, set by the Habitat directive. Such instruments involve appropriate management plans, statutory, administrative or contractual measures. Member States must also provide some form of environmental assessment and/or authorization of development projects in or near Natura 2000 sites.
Finally the seminar focused on the judicial control on the implementation of the Habitat directive with reference to the role of Courts in supporting nature protection in Europe and conclude with some comparative reflections.
About the Speaker
Professor Domenico Amirante is full professor of Public and Comparative Law, Naples II University, Faculty of Political Science, Director, Course in Political science (triennial), Naples II University and Director, Master on Environmental Law and Policy, Naples II University. He was visiting professor/research fellow in several Universities in France (Montpellier, Nantes, Limoges, Nice) and India (NLSIU Bangalore, RMLNU Lucknow, DSE New Delhi, University of Bombay). He is member of several research networks in environmental law: Observatoire juridique Natura 2000, Water framework Directive network; Club dei giuristi ambientali. Since 2010 he is member of the Advisory Committee of APCEL (NUS).
His main research topics are Comparative Federalism, Local government and administration, Constitutional Courts, Environmental law, Heritage law. He published 11 books (in Italian) and several articles in italian, french and english. Last books are “India, Si governano così” (Il Mulino, Bologna, 2007), a survey on the Indian constitutional system (in Italian); “Altre democrazie. Prospettive del consolidamento democratico nel sub-continente indiano” (edited, Franco Angeli, Milano, 2010) and “Stato democratico e società multiculturale”, Giappichelli, torino, 2011. On environmental law he has published 4 books ( “Ambiente e Costituzione. Esperienze europee”, edited, Franco Angeli, Milano 2000; “Diritto ambientale italiano e comparato. Principi”, Jovene, Napoli, 2003, “La conservazione della Natura in Europa. La direttiva Habitat ed il processo di costruzione della rete Natura 2000”, edited, Franco Angeli, Milano 2003; “La forza normativa dei principi. Il contributo del diritto ambientale alla teoria generale, edited, Cedam, Padova 2006) and several articles. (do.amirante@gmail.com)
Presentation
To download Prof Amirante’s PowerPoint presentation in PDF format, please click here.
