Unit:
Κατεύθυνση Δίκαιο της Ευρωπαϊκής ΈνωσηςLibrary of the School of Law
Author:
Boettcher Florian
Supervisors info:
- Mr Theodoros G. Iliopoulos, Professor of European environmental law, Law School, Hasselt University/Belgium
- Mr Manolis Perakis, Associate Professor of European Law, Law School, National and Kapodistrian University of Athens
- Mrs Metaxia Kouskouna, Assistant Professor of European Law, Law School, National and Kapodistrian University of Athens
Original Title:
Biodiversity protection in the EU: legal framework, challenges and opportunities
Translated title:
Biodiversity protection in the EU: legal framework, challenges and opportunities
Summary:
This LL.M. thesis examines biodiversity protection in the EU, analyzing its legal framework, challenges, and opportunities. Part 1 addresses the EU’s biodiversity legislation and its interaction with agricultural policy. Chapter A focuses on the old EU Nature Directives and the new EU Nature Restoration Regulation (2024/1991), presenting its governance framework and the new implementation tool of national restoration plans developed by Member States. Chapter B explores the Common Agricultural Policy (CAP), its role in biodiversity loss, and its new instruments—enhanced conditionality, eco-schemes, and agri-environment-climate measures (AECM)—introduced in the CAP reform for 2023-2027. It also evaluates the interplay between CAP Strategic Plans and National Restoration Plans. This part is addressing the following research question: How does the EU legal framework for biodiversity protection operate in interaction with the EU Agricultural Policy (CAP)?
Part 2 focuses on the enforcement of EU biodiversity laws. Chapter A examines private enforcement via national courts and preliminary references alongside public enforcement by the European Commission. Chapter B explores procedural pathways for private enforcement under the regime of the Aarhus Convention. This part addresses the research question: How can both public and private enforcement of EU legislation contribute to effectively achieving EU biodiversity protection objectives?
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
EU law, Biodiversity Protection, Restoration, EU Biodiversity Strategy for 2030, EU Nature Directives, Nature Restoration Regulation, national restoration plan, Common Agricultural Policy (CAP), CAP Strategic Plan, enhanced conditionality, private and public enforcement, preliminary reference procedure, infringement procedure, CJEU´s Białowieża Forest case, Aarhus Convention
Number of references:
320
LL.M. International & European Law 2023:2024 - Master Thesis - Florian Böttcher - final version.pdf (1 MB)
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Statement_of_responsibility_for_the_concession_and_Statement_of_access_of_doctoral__thesis - Florian Böttcher .pdf
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