Addressing legal myths about the proposed EU nature restoration law

Abstract

In June 2022, the EU Commission adopted a Proposal for a Nature Restoration law which aims to restore the degraded levels of biodiversity within the European Union. However, this objective has – over time – become highly contested. It should be stressed that the Proposal can, and should, be critically analysed by the EU Institutions and other stakeholders. Yet, the debate on the Proposal appears to be shifting from arguments based on ecological reality to a tense political one. Legal myths, oversimplifications or concerns often remain unaddressed. Indeed, some argue that the Proposal will have to be treated with caution ‘from the perspective of property protection of land owners’ or the ‘’right to conduct business. This piece argues that these fears are often overstated. In the end, such arguments may undermine the substantive debate in the public domain and distract from the overarching goals set out in the EU Biodiversity Strategy for 2030. The goal of this is not to address all of the myths that are out there (of which there are many) – but to highlight the concerning shift towards an increasingly polarised debate on nature restoration.