The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17)
This article is a comment to the judgement from October last year by the European Court of Justice’s in the Tapiola case (C-674/17). It can be seen as a follow-up to what I wrote about the Advocate General Henrik Øe’s opinion in the case, which was published in last issue of this journal (J. Darpö,...
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crbrillap:10.1163/18760104-01701009 2023-05-15T15:50:53+02:00 The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) Darpö, Jan 2020 http://dx.doi.org/10.1163/18760104-01701009 https://brill.com/view/journals/jeep/17/1/article-p117_117.xml https://brill.com/downloadpdf/journals/jeep/17/1/article-p117_117.xml unknown Brill Journal for European Environmental & Planning Law volume 17, issue 1, page 117-130 ISSN 1613-7272 1876-0104 Law Management, Monitoring, Policy and Law journal-article 2020 crbrillap https://doi.org/10.1163/18760104-01701009 2022-12-11T12:48:47Z This article is a comment to the judgement from October last year by the European Court of Justice’s in the Tapiola case (C-674/17). It can be seen as a follow-up to what I wrote about the Advocate General Henrik Øe’s opinion in the case, which was published in last issue of this journal (J. Darpö, Anything goes, jeepl 2019(3) 305–318). The case concerns a request for a preliminary ruling from the Finnish Supreme Administrative Court about the possibilities open under Article 16(1)(e) of the Habitats Directive (92/43) to perform license hunts on a strictly protected species listed under Annex iv to that Directive, namely the wolf ( Canis lupus ). This comment first describes the main points in the findings of the cjeu . Thereafter, a discussion follows focusing on three issues. The first concerns the relationship between Article 16(1)(e) of the Habitats Directive and the other derogation grounds in that provision from the strict protection of species. The next issue deals with the relationship between Annex iv and Annex V species, an issue linked to the assessment of the conservation status. The final question relates to how this conservation status is decided concerning species which roam over vast territories, not bothering about administrative restrictions such as national boarders or international obligations. At the end, I will make some concluding remarks about the wider implications of the judgement for the species protection under the Habitats Directive and the Birds Directive (2009/147). Article in Journal/Newspaper Canis lupus Brill (via Crossref) Tapiola ENVELOPE(23.081,23.081,68.280,68.280) Journal for European Environmental & Planning Law 17 1 117 130 |
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Open Polar |
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Brill (via Crossref) |
op_collection_id |
crbrillap |
language |
unknown |
topic |
Law Management, Monitoring, Policy and Law |
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Law Management, Monitoring, Policy and Law Darpö, Jan The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) |
topic_facet |
Law Management, Monitoring, Policy and Law |
description |
This article is a comment to the judgement from October last year by the European Court of Justice’s in the Tapiola case (C-674/17). It can be seen as a follow-up to what I wrote about the Advocate General Henrik Øe’s opinion in the case, which was published in last issue of this journal (J. Darpö, Anything goes, jeepl 2019(3) 305–318). The case concerns a request for a preliminary ruling from the Finnish Supreme Administrative Court about the possibilities open under Article 16(1)(e) of the Habitats Directive (92/43) to perform license hunts on a strictly protected species listed under Annex iv to that Directive, namely the wolf ( Canis lupus ). This comment first describes the main points in the findings of the cjeu . Thereafter, a discussion follows focusing on three issues. The first concerns the relationship between Article 16(1)(e) of the Habitats Directive and the other derogation grounds in that provision from the strict protection of species. The next issue deals with the relationship between Annex iv and Annex V species, an issue linked to the assessment of the conservation status. The final question relates to how this conservation status is decided concerning species which roam over vast territories, not bothering about administrative restrictions such as national boarders or international obligations. At the end, I will make some concluding remarks about the wider implications of the judgement for the species protection under the Habitats Directive and the Birds Directive (2009/147). |
format |
Article in Journal/Newspaper |
author |
Darpö, Jan |
author_facet |
Darpö, Jan |
author_sort |
Darpö, Jan |
title |
The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) |
title_short |
The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) |
title_full |
The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) |
title_fullStr |
The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) |
title_full_unstemmed |
The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) |
title_sort |
last say? comment on cjeus judgement in the tapiola case (c-674/17) |
publisher |
Brill |
publishDate |
2020 |
url |
http://dx.doi.org/10.1163/18760104-01701009 https://brill.com/view/journals/jeep/17/1/article-p117_117.xml https://brill.com/downloadpdf/journals/jeep/17/1/article-p117_117.xml |
long_lat |
ENVELOPE(23.081,23.081,68.280,68.280) |
geographic |
Tapiola |
geographic_facet |
Tapiola |
genre |
Canis lupus |
genre_facet |
Canis lupus |
op_source |
Journal for European Environmental & Planning Law volume 17, issue 1, page 117-130 ISSN 1613-7272 1876-0104 |
op_doi |
https://doi.org/10.1163/18760104-01701009 |
container_title |
Journal for European Environmental & Planning Law |
container_volume |
17 |
container_issue |
1 |
container_start_page |
117 |
op_container_end_page |
130 |
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1766385915585888256 |