The Appropriate Assessment under the European Habitats Directive: Interplay Between Science, Law, and Policy

Abstract

Abstract Despite 25 years of the European Union's Habitats Directive, the erosion of biodiversity in the EU has continued. To help explain the failure, this article analyzes Habitats Directive Article 6(3) and (4) and their key terms. It concludes, among other points, that the “Appropriate Assessment,” the objective of which is to insure the integrity of the Natura 2000 network sites, has not been used as it should have. Moreover, the vagueness of many terms in Article 6(3) and (4) have allowed biological conservation to be overcome by the imperative of economic growth. This article calls for greater recognition of the need for legal action despite incomplete scientific knowledge, as well as for better education of both the community and the courts in incorporating scientific knowledge into conservation policy.