This dissertation examines how eco-knowledge intersects with the changes to EU legal cultures and practices known as eurolegalism. This conjunction has created a mechanism for the extension of EU law in the Member States even in the face of a weakened EU. Through a portfolio of six articles, controversies over the protection of wolves in Sweden are used to illustrate and explicate the changing roles and responsibilities of various actors in protecting species, and the centralization of competence for environmental protection in Europe at the EU level. In doing so, some substantive requirements of the Habitats Directive are also analyzed. The first article maps the movement of competence to determine conservation policy towards the EU level and away from international and Member State actors. The second article examines what the EU requires of its Member States by analyzing the Habitats Directive’s key concept, favourable conservation status. It also makes normative arguments for how contested aspects of this concept should be interpreted to best achieve the Directive’s conservation goals. The third article deepens this analysis by applying these arguments to the Swedish wolf population. The fourth article is a case commentary illustrating the enforcement of the Habitats Directive through public interest litigation to stop the hunting of Swedish wolves. The fifth argues that the greater availability of public interest standing in the US than in the EU has led to the greater implementation of federal law. The sixth argues that greater availability of public interest litigation in Sweden than previously is also leading to the greater enforcement of “federal” EU law. Each of these articles demonstrates or explains factors that lead to the hollowing out of state power in favor of the EU and interest groups. / <p>Cover photo by Guillaume Chapron</p>
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-318698 |
| Date | January 2017 |
| Creators | Epstein, Yaffa |
| Publisher | Uppsala universitet, Juridiska institutionen, Uppsala : Department of Law |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Doctoral thesis, comprehensive summary, info:eu-repo/semantics/doctoralThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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