Is Europe’s nature allowed to evolve? A research on natural dynamics within the Habitats Directive’s Special Areas of Conservation

Abstract

The thesis asks whether the Habitats Directive allows natural dynamics of succession and natural disturbances to alter habitats in special areas of protection (Natura 2000 sites). A literature review of relevant ecological papers discusses the context, function and role of these dynamics. The ecological findings provide the necessary perspective for the interpretive legal doctrinal research used in assessing and evaluating the legal framework of the Habitats Directive. Ecological findings highlight that reserves, as those found in the Natura 2000 network, are isolated islands of nature surrounded by a fragmentated and highly intensified landscape. Such landscapes inhibit the ecological resilience and ecological memory of reserves. These reserves are at risk of losing specialised species. Ecologists call for the creation of dynamic reserves managed on the landscape level to increase the ecological integrity and memory. The legal framework of the Habitats Directive on the special areas of conservation is solely focussed on maintaining and restoring specific habitats and species at favourable conservation status and as a result does not address nor leave leeway for natural dynamics to alter habitat-types. Any changes to European nature conservation laws should address the fragmentated state of landscapes and its risks for species diversity.