The main theme of this thesis is the Natura 2000 network of protected sites and the strict system of species protection. The main focus is on the Habitats Directives article 6.3 and on how it is implemented. In addition to this I will also analyze if the directive is being used correctly by the Danish courts and the Environmental Board of Appeal.
The thesis starts with a short introduction to Natura 2000, including the background and purpose of this strict protection, followed by a historical summary of the relevant legislation and a description of the two types of protected sites. Then there will be a description of the differences between an Environmental impact assessment (EIA) and an appropriate assessment to determine implications for the Natura 2000 site. After that the reader will be presented to the sources of law that is being used throughout the thesis, followed by an account on how to implement a Directive correctly. Then an analysis of two rulings from the European Union court of justice (hereafter: EU court) follows, and after that, the implementation of the Habitats directives article 6.3 and rulings from the Environmental Board of Appeal and the Danish courts are being analyzed, followed by a discussion and a conclusion on my research question. Last but not least a possible subject to investigate further in the future is being discussed.
The analysis of the implementation of The Habitats Directives article 6.3, has the purpose of revealing whether or not it is implemented in accordance with how the EU court expect it to be done, if it is to be done correctly.
The governments are supposed to make sure that the implementation is explicit, that it is binding and can be enforced. As a last demand the implementation has to be done within a time limit. Since 2007 the Habitats Directive has been fully implemented in Denmark, but before that Denmark was criticized for its implementation.
If there is any chance that a plan or a project can have a significant effect on a Natura 2000 either individually or in combination with other plans or projects, the plan or project must undergo an Appropriate Assessment to determine its implications for the site. The authorities can only agree to the plan or project if there is no chance of the plan or project harming the Natura 2000.
The analysis of the EU court rulings are pretty clear about how the rules are supposed to be used, and the Danish courts and the Environmental Board of Appeal, uses them in accordance with this.
My final conclusion is that the Habitats Directives article 6.3 is implemented correctly in Denmark, and is being used correctly by the Danish courts and The Environmental Board of Appeal.