Abstract: The research objective of the project and article
“European Ecological Network Natura 2000 – opportunities and
threats” Natura 2000 sites constitute a form of environmental
protection, several legal problems are likely to result. Most
controversially, certain sites will be subject to two regimes of
protection: as national parks and as Natura 2000 sites. This dualism
of the legal regulation makes it difficult to perform certain legal
obligations related to the regimes envisaged under each form of
environmental protection. Which regime and which obligations
resulting from the particular form of environmental protection have
priority and should prevail? What should be done if these obligations
are contradictory? Furthermore, an institutional problem consists in
that no public administration authority has the power to resolve legal
conflicts concerning the application of a particular regime on a given
site. There are also no criteria to decide priority and superiority of
one form of environmental protection over the other. Which
regulations are more important, those that pertain to national parks or
to Natura 2000 sites? In the light of the current regulations, it is
impossible to give a decisive answer to these questions. The internal
hierarchy of forms of environmental protection has not been
determined, and all such forms should be treated equally.