Conclusions / Mariolina Eliantonio, Emma Lees and Tiina Paloniitty. 'Science' in court : the importance of specificity / Emma Lees and Tiina Paloniitty -- The European Court of Justice's approach to scientific and factual matters in the Habitats Directive : between uncertainty and precaution / Agustin Garcia-Ureta -- Judicial review and enforcement of the Habitats Directive in Ireland / Aine Ryall -- The boundaries of administrative judicial review in Lithuania in Natura 2000 cases / Jurgita Pauzaite-Kulvinskiene and Indre Zvaigzdiniene -- The scrutiny of scientific evidence by UK courts in environmental decisions: legality, the fact-law distinction, and (sometimes) self-limiting review / Catherine Caine and Richard Broadbent -- Judicial review of the application of Art 6 (3) Habitats Directive : how the Dutch Council of State integrates science, expertise and scientific uncertainty / Floor Fleurke -- Of ostensible self-restraint, explicit environmental protection, and a missing link : the appropriate assessment in Italy / Roberto Caranta -- Legal approaches to scientific uncertainty in Germany : the case of EU nature conservation law / Wolfgang Kock and Till Markus -- Reasoning styles, the role of discretionary judicial choices and the limits of judicial review : the Hungarian courts' experience with the Habitats and Wild Birds Directives / Katalin Sulyok -- The EU nature conservation law in Finnish judicial review : various avenues, coalescing case law? / Tiina Paloniitty and Hanna Nieminen-Finne -- The intensity of judicial review in environmental litigation in Greek law with special regard to habitats sites / Konstantinos Gogos -- The weakness of the judiciary and the poor implementation of the Habitats Directive : how judicial self-restraint endangers biodiversity protection in France / Francʹois-Vivien Guiot -- The habitats directive in the Romanian courts : procedure vs substance / Dacian C. Dragos and Bogdana Neamtʹu -- Biodiversity in the court : the certainty of contests about uncertainty / The Hon Justice Brian J. Preston -- Scientific uncertainty before the Court of Justice and the General Court : is the judicial toolbox sufficient? / Mariolina Eliantonio and Micha¿ Krajewski -- Conclusions / Mariolina Eliantonio, Emma Lees and Tiina Paloniitty.
Summary:
"This book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directive (the core of EU nature conservation law) are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 EU current and former member states' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles"-- Provided by the publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.