Abstract
A supporting legal framework is an essential prerequisite for the establishment of an ecological continuum throughout the Alps. The Alps consist of eight different countries, each of which has its own legal framework. Moreover, the individual countries may have federal states or provinces with specific regulations. Different legislations in force at various governance levels potentially affect ecological connectivity. Analyzing the impediments for the establishment of functioning ecological networks among protected alpine areas in order to preserve biodiversity for the region is a primary target. This activity was performed on the basis of national assessments. The survey was aimed at identifying the obstacles to ecological connectivity and the best tools to establish and/or maintain ecological corridors and networks. Furthermore, the global dimension needs to be taken into account, as well as the EU legal tool “European Grouping of Territorial Cooperation” (EGTC) that seems to be a suitable one in specific Alpine cases, as a way to facilitate and enhance cooperation at interregional and international levels that reach across borders. It enables regional and local authorities and other public bodies from different member states to join together in a cooperation grouping obtaining legal personality. The opportunities offered by an EGTC are therefore worth being considered in a policy making perspective. The contribution is expected to build on the results of the legal work package of the EU Alpine Space Programme Project ECONNECT, where the Italian Ministry for the Environment strongly participated.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Connectivity is an issue involving very different scales and multiple and diverse stakeholders. It became clear within the ECONNECT project (www.econnectproject.eu/) that the respect of private landowners’ rights is a key element for the conservation and improvement of connectivity. It is impossible to realize a sustainable ecological continuum without the participation of private and public landowners and interest groups. See The ECONNECT Project, Policy Recommendations, p 3.
- 2.
The EGTC may therefore acquire or dispose of movable and immovable property and employ staff, and it may also be a party to legal proceedings.
- 3.
A “body governed by public law” means anybody: (a) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;(b) having legal personality; and (c) financed, for the most part, by the State, regional, or local authorities, or other bodies governed by public law or subject to management supervision by those bodies or having an administrative, managerial, or supervisory board, more than half of whose members are appointed by the State, regional, or local authorities or by other bodies governed by public law (Regulation (EC) no.1082/2006, Art.3).
- 4.
Should the Member State consider the proposed participation not to be in conformity with either Reg. (EC) no. 1082/2006 or its national law, or that the participation would be detrimental to public interest or public policy, it will give a statement of its reasons for withholding approval (Reg. (EC) no. 1082/2006, Art. 4).
- 5.
As a consequence, this will allow some Member States to participate in such cooperation where no regions exist (e.g., Slovenia, Luxembourg) or where the envisaged theme of cooperation is a competence of the national level (www.interact-eu.net/the_egtc_regulation/68, 26 May 2009).
- 6.
The regulation refers to the notion of body governed by public law defined in Directive 2004/18/CE (Article 9, paragraph 9), but the Community Law 2008 does not quote this Directive. Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, pp 114–240)
- 7.
Indeed the general interdiction for the territorial collectivities to conclude agreements with foreign states remains. This general interdiction generates problems for the collaboration between France and micro-States like Luxembourg or Monaco. This interdiction is based on constitutional considerations as it was explained in a study of the French Council of State published in 2007.
References
Alpine Convention (1994) Protocol on the implementation of the Alpine Convention of 1991 relating to the conservation of nature and the countryside. Available via http://www.alpconv.org/en/convention/protocols/Documents/protokoll_naturschutzGB.pdf. Accessed 15 Dec 2013
Alpine Convention (2012) Contribution of the Alpine Convention to the process towards a macro-regional strategy for the Alps. An “Input paper”, approved by the XII Alpine conference in Poschiavo, 6–7 Sept 2012
Angelini P, Randier C (2009) The European grouping of territorial cooperation (EGTC), EURAC research, Bolzano. Available via http://www.econnectproject.eu/cms/sites/default/files/Analysis%20of%20EGTC.pdf. Accessed 14 Dec 2013
Angelini P, Egerer H, Tommasini D (eds) (2002) Sharing the experience, mountain sustainable development in the Carpathians and the Alps, international meeting and roundtables, EURAC, Bolzano
Bonnin M (2007) The Pan-European ecological network: taking stock, Nature and Environment, n. 146, Council of Europe
Decocq C (2006) Rapport sur la proposition de loi n°2624, adoptée par le Sénat, relative à l’action extérieure des collectivités territoriales et de leurs groupements, Rapport de l’Assemblée nationale n°3610, p 12. Conseil d’Etat, Le cadre juridique de l’action extéri-eure des collectivités territoriales, Les études du Conseil d’État, La documentation française, Paris
European Union (1992) Council directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Annex II and IV. Available via http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1992L0043:20070101:EN:pdf. Accessed 15 Dec 2013
Fodella A (ed) (2005) Creazione di nuove forme di cooperazione transfrontaliera a livello sub-statale per lo sviluppo sostenibile del territorio. In: Strumenti giuridici della cooperazione per lo sviluppo sostenibile di un’area montana transfrontaliera. Proceedings, Eurac-Research, Bolzano
Kettunen M, Terry A, Tucker G, Jones A (2007) Guidance on the maintenance of landscape connectivity features of major importance for wild flora and fauna. Guidance on the implementation of Article 3 of the Birds Directive (79/409/EEC) and Article 10 of the Habitats Directive (92/43/EEC). Institute for European Environmental Policy
ECONNECT Project (2011a) Policy recommendations. Available via http://www.econnectproject.eu/cms/sites/default/files/Policy%20Recommendations.pdf. Accessed 15 Dec 2013
ECONNECT Project (2011b) The Econnect project and the work package 6. Executive summary. Available via http://www.econnectproject.eu/cms/sites/default/files/WP6%20executive%20summary.pdf. Accessed 15 Dec 2013
ECONNECT Project (2011c) The Econnect project. Legal barriers compendium. Available via http://www.econnectproject.eu/cms/sites/default/files/WP6%20compendium%20outcomes_0.pdf. Accessed 15 Dec 2013
ECONNECT Project (2011d) Towards ecological connectivity in the Alps. The Econnect project synopsis. Available via http://www.econnectproject.eu/cms/sites/default/files/Synopsis.pdf. Accessed 15 Dec 2013
Santolini R (2012) The indicators for the ecological network: indicators for monitoring of durable development in the Alpine regions. Platform “ecological network” of the Alpine Convention. Available via http://www.alpconv.org/en/organization/groups/WGEcologicalNetwork/Documents/20120628_Ecol_Network_Indicators_syntesis.pdf. Accessed 15 Dec 2013
Sarukhàn J, Whyte A (2005) Millennium ecosystem assessment. Document 293. Covelo London, Washington, DC
United Nations (1992) Convention on biodiversity, CBD. New York. Available via http://www.cbd.int/convention/text/. Accessed 15 Dec 2013
Worboys GL, Francis WL, Lockwood M (eds) (2010) Connectivity, conservation management. A global guide. Earthscan, London
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2015 Springer International Publishing Switzerland
About this chapter
Cite this chapter
Angelini, P. (2015). Connecting the Alpine Protected Areas in a Wide Ecological Infrastructure: Opportunities from a Legal Point of View. In: Gambino, R., Peano, A. (eds) Nature Policies and Landscape Policies. Urban and Landscape Perspectives, vol 18. Springer, Cham. https://doi.org/10.1007/978-3-319-05410-0_12
Download citation
DOI: https://doi.org/10.1007/978-3-319-05410-0_12
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-05409-4
Online ISBN: 978-3-319-05410-0
eBook Packages: Earth and Environmental ScienceEarth and Environmental Science (R0)