Preservation of Natura 2000 areas from enterprises different from those capable of making a significant impact on the environment

Abstract

The text of this article focuses on the issue of an environmental assessment of Natura 2000 which has been implemented for activities different from those capable of making a significant impact on the environment, which are not directly connected to the protection of this area or which do not result from this protection. The author can, on the basis of an executed analysis of provisions applicable to the subject matter based on positions expressed in doctrine and case law, make a conclusion that in the UE law and in the national legislation, the issue of the protection of Natura 2000 areas ultimately takes precedence over gradual implementation of the objectives in this area of in its vicinity. No other options, in which it might be necessary to carry out a study to evaluate an influence on the title area, were mentioned in the publication. In the publication, focus is placed primarily on environmental legislation which sets the boundary for the correct functioning of public administration authorities and for constitutes relevant to determining the impact of a certain activity on the mentioned form of nature protection.