in the legal systems for the protection of Natura 2000 sites can be expected. This is
mainly due to the fact that the required new regulations are typically integrated into
a pre-existing environmental protection regime. This is the idea of European
directive law, which is supposed to strive to respect different legal cultures in
their individuality. On the other hand, it is possible that a member state creates a
new, parallel system of nature conservation or water law. In this case, not so much
the integration into the nature protection or water law system, but the integration
into the whole national legal system is the issue. It is easier to fulfil the requirements
of the directives with a specific legal instrument designed for this purpose, but, at
the same time, it is harder to fit this instrument into the pre-existing structures of the
legal system as a whole. The process of copying the directive’s text does not usually
lead to the coherent interaction of national and European legal concepts. This is also
the case when a directive is not implemented or interpreted correctly or effectively
with regard to its aims (cf. Trouwborst 2011, p. 71).
The legal comparison was performed in three steps. First, the Natura 2000 and
water law was analysed with respect to its typical and most significant regulatory
provisions and structures. In a second step, the functional core provisions of the
regulations were identified. Third, these core regulations were sought within the
various member states’ nature protection and water laws. Finally, it can be assessed
which system integrates the European requirements well, and can easily use its
general legal provisions, also in order to perform climate change adaptation tasks.
The legal comparison was realised by identifying the most important rules of the
Habitats, Birds and Water Framework Directive for climate change adaptation,
following the above mentioned principles, and by compiling them in a questionnaire. This questionnaire was sent to project partners from seven different countries, who then filled it out by listing the regulations that implement the provisions
selected from the directives.
9.4.2 Nature Protection Law Implementing Natura 2000
in Central Europe
The core provisions that have been selected for studying the adaptation challenges
that the Natura 2000 law is facing are: area designation, conservation objective
setting, taking conservation measures, the assessment of the impact of human
activities, and network connectivity (cf. Cliquet et al. 2009, p. 163).
9.4.2.1 Procedure for Area Selection and Forms of Area Designation,
Protection Goals, and Connectivity Improvement
The procedure for the designation of areas is rather different for the Birds and
Habitats Directive, although the protected areas are all integrated in the same
9 Legal Aspects of Climate Change Adaptation
145
mainly due to the fact that the required new regulations are typically integrated into
a pre-existing environmental protection regime. This is the idea of European
directive law, which is supposed to strive to respect different legal cultures in
their individuality. On the other hand, it is possible that a member state creates a
new, parallel system of nature conservation or water law. In this case, not so much
the integration into the nature protection or water law system, but the integration
into the whole national legal system is the issue. It is easier to fulfil the requirements
of the directives with a specific legal instrument designed for this purpose, but, at
the same time, it is harder to fit this instrument into the pre-existing structures of the
legal system as a whole. The process of copying the directive’s text does not usually
lead to the coherent interaction of national and European legal concepts. This is also
the case when a directive is not implemented or interpreted correctly or effectively
with regard to its aims (cf. Trouwborst 2011, p. 71).
The legal comparison was performed in three steps. First, the Natura 2000 and
water law was analysed with respect to its typical and most significant regulatory
provisions and structures. In a second step, the functional core provisions of the
regulations were identified. Third, these core regulations were sought within the
various member states’ nature protection and water laws. Finally, it can be assessed
which system integrates the European requirements well, and can easily use its
general legal provisions, also in order to perform climate change adaptation tasks.
The legal comparison was realised by identifying the most important rules of the
Habitats, Birds and Water Framework Directive for climate change adaptation,
following the above mentioned principles, and by compiling them in a questionnaire. This questionnaire was sent to project partners from seven different countries, who then filled it out by listing the regulations that implement the provisions
selected from the directives.
9.4.2 Nature Protection Law Implementing Natura 2000
in Central Europe
The core provisions that have been selected for studying the adaptation challenges
that the Natura 2000 law is facing are: area designation, conservation objective
setting, taking conservation measures, the assessment of the impact of human
activities, and network connectivity (cf. Cliquet et al. 2009, p. 163).
9.4.2.1 Procedure for Area Selection and Forms of Area Designation,
Protection Goals, and Connectivity Improvement
The procedure for the designation of areas is rather different for the Birds and
Habitats Directive, although the protected areas are all integrated in the same
9 Legal Aspects of Climate Change Adaptation
145