Nature restoration put to EU law : tensions and synergies between private property rights and environmental protection

Abstract

The proposed EU Nature Restoration Law is an ambitious attempt to resolve the gaps in the existing EU Biodiversity Law. It introduces targets to restore 20% of Member States´ land and sea territory, with upscaling deadlines, whilst prescribing a more holistic perspective on biodiversity recovery, as targets affect, e.g. agricultural and urban ecosystems. However, the broad scope of these targets has raised concerns among some Member States regarding potential conflicts with private property rights, including land ownership, established hunting rights, and fishing permits. Nevertheless, it is essential to ensure that the complexity of property rights does not hinder nature restoration efforts within the EU. Consequently, the debate surrounding property rights and environmental protection has gained increased relevance. This chapter examines the tensions and synergies between the proposed restoration targets outlined in the Commission Proposal and the protection of private property. In summary, it concludes that while tensions may exist, they are often overstated, while there is a significant (though less-discussed) potential for synergies.