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Abstract
This chapter provides a critical analysis of cultural landscape protection in the EU. It begins by briefly summarizing the normative developments made in the international protection of landscapes. It then moves on to ascertain the extent to which cultural landscape protection is considered within EU policy concerning cultural heritage, and contrasts the lack of action in this area to the level of landscape protection within the realm of nature protection and habitats conservation. While the EU does not have specific competence in the field of culture, it nevertheless has a wide remit in the field of environmental protection, and it is here that the scope for the protection of cultural landscapes is the widest. In particular, environmental impact assessment directives include the requirement to assess the effects of projects not only on environmental elements but also on cultural heritage and the landscape. However, despite the influence of recent Council of Europe treaties on various EU policy documents, the conceptualization of landscape within the EU is still a rural, scenic one, rather than connoting the various ways in which people interact with and relate to cultural landscape. In addition, access to justice remains a problem for landscape matters not relating to environmental breaches but cultural ones. Lastly, the case law dealing with cultural landscapes within the European Court of Human Rights is briefly discussed by way of comparison, and some conclusions are drawn.