The Problem of Sharing the City with Other Creatures: Four Solutions from the CJEU Cover Image

Problema împărţirii oraşului cu alte vietăţi: patru soluţii din partea CJUE
The Problem of Sharing the City with Other Creatures: Four Solutions from the CJEU

Author(s): Flaminia Stârc-Meclejan
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: city; natural habitats; species, wildlife; biodiversity;

Summary/Abstract: We are crowding, day by day, more and more, in ever larger cities, but as we do so, we also stop being alone. Attracted by urban comfort or deprived of their natural habitats, a real menagerie of wild animals also feel at home in the cities. We still have this idea that there is the urban world, on the one hand, and nature, on the other. We are the only species that sees the landscape this way. We have changed this landscape, but everything is still nature, even if it is not simply nature, as we can remember it, scientists and the Court of Justice of the European Union show. The city is nature, also according to four recent judgments of the Court of Justice of the European Union on the provisions of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. Though these judgments attest that the need for wildlife protection is, in theory, indisputable, the reasons for its protection, its purpose or the best way to ensure it are diverse and have the potential to generate multiple future controversies on the problem of the (possibility of) sharing the city with the wild creatures. For the time being, for these creatures, (European) environmental law is like a house. The perspective of the narrowing options on both sides, human – non human, should, however, open us also to exploring de facto cohabitation options.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 96-106
  • Page Count: 10
  • Language: Romanian
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