A new research article: ”The Tapiola Case”

Based on the Finnish Supreme Administrative Court’s questions for the Court of Justice of the European Union.

European Energy and Environmental Law Review has published a research article by Yaffa Epstein and Guillaume Chapron on June the 3rd: ”The Hunting of Strictly Protected Species: The Tapiola Case and Limits of Derogation under Article 16 of the Habitats Directive”.

Two researchers from the University of Uppsala got interested in the questions referred for a preliminary ruling of the EU Court. Originally, the Supreme Administrative Court set three questions based on the 2016 appeal process of ANC Tapiola Northern Savonia – Kainuu district organization concerning two licenses for managemental hunting of seven wolves.

In the article Dr. Epstein and Dr. Chapron analyze managemental hunting of strictly protected species, allowing hunting in order to reduce poaching and the scale in which favorable conservation status has to be recognized. These questions are reflected both in the Habitats Directive and in the previous decisions of the EU Court.

According to the authors, Article 16(1) of the Habitats Directive does not recognize managemental hunting as a method, if the conservation status is not favorable. Managemental hunting is not a valid method to control poaching and instead may lead to a situation where cumulative mortality increases and has a negative impact on reaching a favorable conservation status. 

The article is available here: https://www.kluwerlawonline.com/abstract.php?area=Journals&id=EELR2018009.