The European Court of Justice (CJEU) is increasingly demonstrating its role as a guardian of European biodiversity. In May 2026, the Court ruled against Portugal, imposing a €10 million fine and a daily penalty of €41,250 for non-compliance with obligations under the Habitats Directive. Despite a 2019 ruling that specified and protected 61 Natura 2000 sites, Portugal failed to implement adequate measures for nature conservation.
In a press release regarding the decision, the Court stated that “the legislation adopted by Portugal, which simply designates SCI’s as SAC’s, without specifying the natural habitat types or protected species present in each of them, remains insufficient…” The Habitats Directive (1992) and the Birds Directive (2009) form the cornerstone of the EU’s biodiversity policy, creating the Natura 2000 network, the world’s largest ecological network. Member states are obligated to designate areas of community importance (SCI) as Special Conservation Areas (SACs) and implement management measures to ensure a favorable conservation status. This decision underscores the EU’s commitment to ensuring biodiversity protection is operational, emphasizing that legal designation must be accompanied by concrete management plans, monitoring, and enforcement mechanisms.
Without clear conservation objectives and management measures, protected areas remain vulnerable to degradation. The Portuguese case is not isolated. The CJEU has continuously intervened when member states neglect their obligations under the Habitats and Birds Directives.
Cases involving Greece (2016, Kyparissias Gorge), Poland (2018, Białowieża Forest), Spain (2021, Doñana wetlands), and Ireland (2023, Atlantic Zone of Special Protection) highlight this trend. These decisions demonstrate the EU’s willingness to impose sanctions when member states fail to meet their obligations, safeguarding the integrity of the Natura 2000 network. The recent ruling against Portugal serves as a strong reminder of the consequences of disregarding biodiversity obligations.
For Albania, as it progresses toward EU membership, this decision should be viewed as a call to action, considering the country’s exceptional biodiversity faces similar risks of weak management and inadequate law enforcement.
Topics: #gjykata #albanian #bashkimit
