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R (Champion) v North Norfolk District Council

Author
Westaway N.
Journal/Series
Journal of Environmental Law | Vol.28(3), p. 523-531
Date
2016
Source
IUCN (ID: ANA-091210)
Publisher | Place of publication
Oxford University Press | Oxford, UK
ISSN
0952-8873
Document type
Article in periodical
Language
English
Country/Territory
United Kingdom
Subject
Wild species & ecosystems, Environment gen.
Keyword
EIA Legal proceedings/administrative proceedings Protection of habitats Enforcement/compliance
Abstract

The decision of the UK Supreme Court in R (Champion) v North Norfolk District Council marks a watershed in the approach of the British courts to European Union (EU) environmental law challenges. In particular, it confirms that domestic principles of discretion will apply to public law remedies, even when breaches of EU law have been established. How that is to be achieved without compromising the essential rights guaranteed by EU Directives is a difficult question. The UK’s transposition of the procedural rights from Directive 2011/92/EU (Environmental Impact Assessment (EIA) Directive), in particular, has been much litigated and it has been held that there are limits to reliance on discretion in granting remedies at the national level. Champion is also notable for drawing a clear line between EIA and ‘appropriate assessment’ under Article 6(3) of Directive 92/43/EEC (Habitats Directive). The practical consequences of Champion are to some extent reduced by the insertion of sections 31(2A) and (3C) into the Senior Courts Act 1981 by the Criminal Justice and Courts Act 2015, and may be further reduced by the likely rearrangements to the legal order following the UK referendum decision of 23 June 2016; however, Champion is undoubtedly a significant decision.

Other references

Legislation

Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment.

Legislation | European Union | 2011 (2014)

Keyword: EIA, Legal proceedings/administrative proceedings, Cultural heritage

Source: FAO, FAOLEX

Legislation

Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora

Legislation | European Union | 1992 (2013)

Keyword: Ecosystem preservation, Protected area, Biodiversity, Protection of habitats, Wild fauna, Wild flora, Management/conservation, Endangered species, Hunting/capture, Hunting gear/hunting methods, Data collection/reporting, Protection of species

Source: FAO, FAOLEX