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Legal Protection of Biodiversity of Forests in Poland

(mit einem Volltextauszug des Urteils des EuGH vom 17.4.2018 – Rs. C-441/17 – Puszcza Bialowieska)

Marek Górski, Aneta Kaźmierska-Patrzyczna
Keywords: Polish Environmental law, legal protection of biodiversity, legal protection of forests

The paper analyses the legal basis for biodiversity protection under Polish law. Particular attention was paid to the protection of forest biodiversity and the actual effects of this protection. The article illuminates a very formal transposition of the relevant requirements of EU law into Polish law, in particular of those related to the Natura 2000 system. The formal nature of transposition consists in the introduction of legal solutions which, in principle, might comply with the basic requirements of EU law, but the practice of their application, i.e. their former and actual implementation, raises considerable doubts about the practice of applying the rules in due compliance with EU law. This was also indicated by the European Court of Justice in the ruling in the case C-441/17, which is also analysed in the article.

University of Szczecin, Institute of Legal Sciences.
University of Łódź, Faculty of Law and Administration.
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