ABSTRACT

The concept of ecological integrity' employed in the 1992 EU Habitats Directive provides an example of a somewhat vague and flexible environmental standard requiring further administrative or judicial elaboration for its consistent and predictable application. Quite apart from the difficulty in defining ecological integrity a number of methods can be used to assess ecological health or integrity, including biological assessment, chemical assessment and ecosystem function assessment. Teleological interpretation is a mode of judicial interpretation commonly employed by ECJ/CJEU, whereby it interprets legislative provisions holistically in the light of the purpose these provisions aim to achieve. Both the Court and the Advocate General base this strict interpretation of the requirement to maintain a protected site's ecological integrity on the application of the precautionary principle. EU legislative frameworks for environmental protection, and thus those existing in the national law of Member States and Commission Guidance relating to implementation of the Habitats Directive clearly provides for strong linkages between law and science.