A study of the effects of the biodiversity act on the avoid-reduce-compensate sequence in administrative case law (August 2016–July 2022)
Type de matériel :
TexteLangue : français Détails de publication : 2023.
Sujet(s) : Ressources en ligne : Abrégé : The law of August 8, 2016, for the restoration of biodiversity, nature, and landscapes changed the legal framework of the mitigation hierarchy: it was attached to the principle of prevention, and a general legal regime on compensation measures was created. Six years after the law came into force, a case law study was carried out to determine if it strengthened the legal scope of the mitigation hierarchy, in terms of both its field of application and its effects. Case law shows that the law is rarely invoked in courts, is limited in scope, and is not subject to an adequate judicial review.
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The law of August 8, 2016, for the restoration of biodiversity, nature, and landscapes changed the legal framework of the mitigation hierarchy: it was attached to the principle of prevention, and a general legal regime on compensation measures was created. Six years after the law came into force, a case law study was carried out to determine if it strengthened the legal scope of the mitigation hierarchy, in terms of both its field of application and its effects. Case law shows that the law is rarely invoked in courts, is limited in scope, and is not subject to an adequate judicial review.
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