Natura 2000: deterioro, desclasificación de lugares de importancia comunitaria y derecho de propiedad

Abstract

This contribution examines the declassification of sites of community importance (SCIs) under the European Union Habitats Directive and the case law of the European Court of Justice. The comment criticizes the approach adopted by the Court, in particular in the Cascina case, which admits that possibility despite the Directive¿s express wording that only refers to special conservation areas (SCAs). The comment also highlights other inconsistencies derived from the case law such as the provisional protection of SCIs before being designated as SCAs and the locus standi to challenge the Commission¿s decision adopting the definitive list of SCIs so far rejected by the Court. The comment also examines the role of private ownership in the declassification procedure.

Keywords

• declassification
• deterioration
• private ownership
• natura2000
• natura 2000