Debate on the legal status of the Natura 2000 network in Spain
- SEO / BirdLife has brought together legal experts to discuss the judicial application of European Union law on the Natura 2000 network
The Bar Association of Madrid yesterday hosted a day dedicated to the judicial application of European Union law on the Natura 2000 network organized by SEO/BirdLife within the framework of the European project Life +Activate your real wealth. Natura 2000 network developing with EFE.
The aim of the conference was to bring together the actors involved in a key part for the conservation of the Natura 2000 network as are the operators of the legal field, which bear a great responsibility in ensuring compliance with laws European for the protection of biodiversity and nature conservation ..
Asuncion Ruiz, Director of SEO / BirdLife, asked attendees to defend nature, clarifying that "He is a humble and generous customer, who asks little and gives us everything, only in the Natura 2000 network is estimated that gives us between 200,000 and 300,000 million euros each year in ecosystem services necessary for life. In addition, we are defending nature while defending the future of our children”.
For his part Daniel Calleja, Director General of the Environment of the European Commission, said that "Active thanks to the project Natura 2000 network throughout Europe held every May 21 the European Day of Natura 2000 and that the Commission will shortly formalize". Also, he used to say that the Natura 2000 network was one of the most ambitious joint projects in Europe and the world and that the Commission will do its utmost to nature Directives are correctly applied in all states.
Creada por la Comisión Europea en 1992 para garantizar la supervivencia a largo plazo de las especies y hábitats europeos más valiosos y amenazados, la Red Natura 2000 incluye más de 27.000 espacios (de los que 1.858 se encuentran en nuestro país) designados en virtud de dos grandes normas europeas: la Directiva de Aves, que dio lugar a las Zonas de Especial Protección para las Aves (ZEPA) y; la Directiva de Hábitats, que originó los LIC (Lugares de importancia Comunitaria) que pasan a ser ZEC (Zonas de Especial Conservación) cuando tienen aprobados sus planes e instrumentos de gestión.
The authorization of projects in the crosshairs
At the meeting the environmental principles of the European Union, the declaration of spaces, conservation obligations, infringement proceedings undertaken by the European Commission and mechanism with national judges to request opinion of the Court of Justice analyzed the European Union, however, was the authorization procedure for projects which raised most debate.
Carlos Gonzalez Anton, Professor at the University of León, said that "a recent judgment of the Court of Justice of the European Union has made clear that an authorized Natura 2000 and which is established to have an appreciable impact on the space project should be canceled and, if necessary dismantled, provided their dismantling does not involve a further injury to leave or that there is no viable alternative". The statement referred to a bridge built in Germany.
A thorough analysis of nearly 1,200 resolutions
With the aim of increasing awareness and understanding of all stakeholders in the legal field, this network of protected areas thus contributing to their conservation, since this project Life +Activate your real wealth. Natura 2000 network It has edited the book Natura 2000 Network in Spain. Legal status and jurisprudential analysis .
The aim of the publication was to analyze how the different Spanish courts apply the law and legal system of protection of the Natura 2000 network in its resolutions. For them, we have analyzed nearly 1,200 decisions of the Supreme Court, High Court, High Courts of Justice and Constitutional Court. Maria Soledad Gallego Bernad, Attorney SEO / BirdLife and author of the book describes it as "a tool for operators in the legal field (courts, members of the prosecution and lawyers) last guarantors that the goals of conserving all habitats and species of the European Union through are met, inter alia, Natura 2000. the publication is also directed to very important players for the proper implementation of environmental law in the European Union, such as governments, conservation NGOs, etc. ".