Interpreting the SEA directive: a focus on plans, programmes, and reasonable alternatives

Abstract This article delves into the interpretative challenges surrounding the Strategic Environmental Assessment (SEA) Directive (2001/42/EC), with a particular focus on the definition of “plans and programmes” and the assessment of “reasonable alternatives.” It examines the 2024 Court of Justice of the European Union (CJEU) ruling in Case C-727/22 ( Friends of the Irish Environment ), which determined that Ireland’s “Project Ireland 2040” does not fall under the SEA Directive, thereby precluding a substantive response on reasonable alternatives. The paper explores the complexities in defining “plans and programmes” crucial for the Directive’s effective application and environmental protection. Additionally, it addresses the ongoing lack of clarity in the interpretative framework for assessing reasonable alternatives under the SEA Directive. The article draws upon CJEU jurisprudence and analyses recent judgments from the Czech Supreme Administrative Court to shed light on these issues.