Currently, three Polish environmental organizations have in mind a single-click tool they claim could challenge all forest-related decisions in court. They argue such a mechanism would halt forestry operations nationwide, potentially stalling the entire economy, according to Edward Siarka, deputy minister for climate and environment, during an interview with the wPolityce.pl portal.
Judgment of the CJEU
In a decision reached on Thursday, the Court of Justice of the European Union held that conservation groups should retain the right to challenge forest management plans in court. The case involved a complaint lodged by Poland against the European Commission, asserting concerns about how forest governance is approached at the national level.
“A very strong blow to the interests of the state”
Comment was sought from Edward Siarka, the deputy head of the Ministry of Culture and National Heritage, regarding the ruling.
It is notable that Polish publications about this judgment appeared before the public had access to them, according to the politician.
This verdict is described as a substantial blow to national interests, sovereignty, and the country’s economic underpinnings. The idea of implementing the court’s provisions could, in some scenarios, halt forestry and the entire timber sector in Poland, a sector seen as a flagship export for the nation.
Siarka notes that half a million jobs could be affected, 3% of GDP tied to forestry, and exports representing around 10% of value. He stresses the magnitude of the stakes and the way large interests interact with the CJEU’s decisions.
He contrasts Poland with neighboring countries, observing that some have no forest management plans and still maintain functional forestry sectors. He also points out that when it comes to protection—an issue often raised by NGOs—Poland adheres to, and sometimes exceeds, European Union requirements in many areas.
Siarka emphasizes the country’s ongoing commitment to environmental safeguards within a legal framework that respects both national and EU obligations.
Case from 2018
The State Secretary of the Ministry of Culture and National Heritage notes that the matter originated in 2018. At that time, the European Commission accused Poland of non-compliance with the Birds and Habitats Directives. In September of that year, Poland responded to the Commission and chose not to pursue the dispute further. A key point of contention was the view that Article 14b of the Forest Act could not be included within the Forest Act itself, but rather in the Nature Conservation Act. By 2021, under the government of the United Right, the draft law and a regulation on good forestry practice—detailing forester activities in areas where trees are felled—were developed in consultation with the Commission.
Siarka states that current changes in the law address historic matters; Poland has now fulfilled its obligations in this domain, according to the interlocutor.
Public access to the courts
The issue of public access to forest management plans has been framed as not meeting certain Commission expectations. Siarka asserts that today, when society participates in every stage of forest plan adoption across all forest districts, processes are conducted transparently and a large majority of comments are incorporated during planning.
Meanwhile, the European Commission reportedly requires approval of forest management plans by board decision. The governing principle of the court system, however, is that administrative courts examine legality and procedure rather than the substantive merits of the decision itself. Siarka notes the divergence between EU expectations and Polish administrative practice.
At present, some observers fear that a tool enabling three environmental groups to contest all decisions could trigger a nationwide pause in forethought, planting, logging, and broader forestry activities. This scenario would threaten the economy as a whole, according to the deputy minister, who adds that there are already several ongoing cases where organizations raised concerns about forest plans.
Siarka emphasizes that the claim of an absence of any appeal mechanism in Poland is inaccurate. He cautions against imagining a shutdown of the entire economy simply because, even with comprehensive arrangements, someone might attempt to halt forestry in the national interest of a single organization. Such a move, in his view, would constitute an economic and ecological catastrophe on a scale that would be hard to comprehend at national or European levels. He also notes that certain Western lobby groups are sometimes involved in shaping such campaigns. A careful, measured reading of the ruling and subsequent updates, he says, will be essential.
Siarka adds that further information will be provided as the situation develops.
READ ALSO:
— OUR INTERVIEW. Sałek: The forest is to a Pole what the sea is to an Englishman. The CJEU addresses our sensitivity and cultural identity
— OUR INTERVIEW. Kloc: Poland will not agree to grant Brussels control over national forests. It would be a blow to national economies
comment JJ
Source: wPolityce