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Prefectoral Orders, which set out staggered dates for the closure of the hunting season for waterfowl and migratory birds as laid down by the Law of 15 July 1994, are being challenged in the administrative courts. The claimants base their action on a breach of the 1979 Directive as interpreted by the decision of the ECJ dated 19 January 1994. The cases submitted to the administrative courts are either brought directly against the Prefectoral Order or against the decision of the Prefect refusing to amend the said Order. Where the Order is found to be illegal by the administrative court, this is generally for reason of detective legal grounds or conflict with the 1979 Directive. The degree of control exercised over the Order varies between administrative courts. The same is true for the burden of proof which, depending on the court, must be submitted by the Prefect or by the association bringing the action. Where the daim of illegality is upheld, the normal penalty is the revocation of the order, but administrative courts vary as to the award of compensation or recourse to administrative enforcement powers.

On 8 December 1995, in a climate of ambiguity, France was forced to ratify the Alpine Convention so as to be included amongst its founding powers. The ambitious Convention continued the long-standing actions carried out by German ecologists and taken up by the German Government keen for their support. This Convention establishes institutions and a general framework providing for the preparation of protocols which will each constitute a new international agreement. In consequence, the Convention itself is reduced to little of novelty in French law. Its implementation is contingent on the future adoption of protocols, the content of which significantly cuts across community powers in the field of the environment. Discussions in France provoked heated reactions mainly from local elected representatives, concemed that they had not been involved in a project which says nothing about the economic development of the Alps. The debate over the Convention, which actually applies only to one massif of the French mountains, revived the issue of the future of mountainous regions and redirected it towards the European Charter on Mountains, now being prepared by the Council of Europe. That is, until the debate turns to Natura 2000.