De svenska fridlysningsreglerna : Har reglernas räckvidd förändrats på grund utav EG-rätten?

Rules about legal protection of species of animal and plants have been a part of the Swedish legislation for a long time. When an animal species is protected it is among other things prohibited to deliberately kill the animal, destroy its resting place and to take away their nests. However it is not completely clear what kind of activities that are prohibited. Traditionally, the Swedish species protection applied only to activities related to recreation and similar private behaviour. The question is if EC law, more precisely the wild birds and habitat directives, has widened the range to include also commercial activities, such as forestry.The purpose of this essay is to, particularly in the light of the the wild birds directive and the habitats directive, investigate the application of the Swedish rules for protection of species. I have examined the relevant legal texts, preparatory works, litterature and decisions of the EC-court. I have found that the Swedish rules should be reinterpreted to comply with the EC rules on species protection. The reinterpration will strengthen the protection of species as well as of their habitat as also commercial activities should be subject to the prohibition.Validerat; 20110414 (ysko