Balancing nature and economic interests in the European Union: On the concept of mitigation under the Habitats Directive

Abstract

The Habitats Directive and, more specifically, its provisions on site protection have been the subject of several judgments by the Court of Justice of the European Union. These judgments have progressively clarified the balance between nature conservation interests and economic ones. Following a recent judgment of the Court about the managing of nitrogen deposition in Natura 2000 sites, this contribution highlights the known and unknown aspects of this legal field. It underlines in particular the importance of further clarification of the standards to pursue a programmatic approach in nature conservation and to evaluate science-based evidence in court.