European Commission V Malta (C- 76/08) : a detailed appreciation

Abstract

This dissertation purports to take an in-depth analytical and critical study of the judgment handed down by the European Court of Justice in the case Commission v Malta (Case C-76/08). The first chapter begins with a general overview of the origins and legislative developments of European environmental law before focusing on the those of the Birds Directive. Here particular reference is also made to Article 7 of the said Directive. Chapter two considers the derogation found under Article 9 of the Directive and the conditions to be satisfied in order for such derogation to be validly applied. Reference is also made to the Maltese legislative scenario, particularly the application of the said Article 9 in respect of the hunting of quail and turtle dove. Chapter three takes a detailed look at the application for interim measures in the Malta case, considering all arguments raised by both parties to these proceedings together with the European Court of Justice's considerations. A brief description of the judgements handed down in the cases of Austria and Finland which provide a restrictive view of the application of the Derogation found in Article 9 together with a brief description of the other judgements referred to in the Malta judgement, namely Case C-182/025 Ligue Pour la Protection des Oiseaux and in Case C-60/05 WWF Italia is to be found in Chapter 4. Chapter five provides a detailed appreciation of the Malta judgement. It examines both the Commission's and Malta's position taken pending the proceedings right up to the judgement stage. The concluding chapter focuses on the judicial developments brought about by this Judgement along with an analysis of its practical application. This chapter focuses primarily on the principle of proportionality as raised by the Court and its relationship with the widely accepted interpretation given to 'small numbers'.