The Conservation of Natural Habitats in Community Law

Abstract

Due to the diversity of its natural resources, Portugal is obliged, both under the provisions of the Ramsar Convention on Wetlands of International Importance and the Bern Convention on the Conservation of European Wildlife and Natural Habitats, as well as under Directives 79/409/EEC on the conservation of wild birds and 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, to protect a large number of natural habitats. This article systematises, for the benefit of practitioners, the body of Community rules relating to habitat protection, placing them notably in relation to the international conventions. In addition to a careful examination of the case law of the Court of Justice of the European Communities, the author illustrates his analysis by commenting on several decisions rendered by national administrative courts, which, through the techniques of consistent interpretation and direct effect, contribute usefully to the jurisprudential development of the Community judge.