Mikusinski, Grzegorz
- School for Forest Management, Swedish University of Agricultural Sciences
Abstract
Species protection is a heterogeneous form of nature conservation. The European hamster is covered by strict species protection in EU member states pursuant to Article 12 and Annex IV of the Habitats Directive, implemented in Poland by the Act of 2004 on the Protection of Nature (the ‘PNA’). In derogating from the protection of this species on the basis of Article 56(4)(6) PNA, the Polish nature-protection authority is accordingly obliged to follow Article 16 of the Directive (prerequisites of derogation) and the acquis of the CJEU, which should be taken into account in the review exercised by Polish administrative courts. The purpose of this gloss is to call attention to the need for the Director General of Environmental Protection and Regional Director of Environmental Protection to apply, in such proceedings, a Union-sympathetic legal interpretation of two interlinked issues – the determination of the ‘natural reach’ of the European hamster within the ‘favourable conservation status of the species’ requirement, and the precautionary principle.
Keywords
strict species protection; favourable conservation status; Habitats Directive; environmental protection law; precautionary principle
Published in
Zeszyty Naukowe Sądownictwa Administracyjnego
2025, volume: 2, number: 119
SLU Authors
UKÄ Subject classification
Environmental Sciences
Law
Permanent link to this page (URI)
https://res.slu.se/id/publ/145933