This article aims to identify and discuss diverse
legal problems occurring in the process of the indirect application of art.6 of
Directive 92/43 ensuring the integration of the requirements of the Natura 2000
sites’ conservation and species protection system into the operations of active
forest management. A closer analysis of the phenomenon of legal integration
enables the reader to view the problems of forest protection from two perspectives:
the perspective of forest multifunctionality and the need for an integrated
approach to various functions of forests, and the perspective of ensuring full
effectiveness of the objectives of the Birds Directive and Habitats Directive.
This article focuses on the latter objective. The context of the judgment of
the Court of Justice in Case C-441/17 the Bialowieza Forest as well as legal
action taken by the Commissioner for Human Rights in Poland allow a discussion
of the main problem of the lack of jurisdiction of administrative courts to
review an act of the Minister for Environmental Affairs authorising a forest
management plan in the light of the effective legal protection and the
effectiveness of EU law in the decentralized application of Art. 6 of the
Habitats Directive.