Publication details
Balancing Nature Protection and Other Public Interests: Czech Example
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| Year of publication | 2018 |
| Type | Chapter of a book |
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| Description | This paper focuses on the broader scope and the implications of recent changes in the Czech nature conservation policy in which EU rules on habitat protection are perceived as a major obstacle to infrastructure development. It analyses the case law of the Czech Supreme Administrative Court to see whether it is in compliance with the requirements of the Habitats Directive (HD), as interpreted by the Court of Justice of the European Union. In particular, it focuses on the interpretation of the most important conditions for derogating procedures under the Habitats Directive, the absence of an alternative solution, and the existence of imperative reasons of overriding public interest. |