Government Approves Bill to Overhaul Forest Management and Judicial Oversight

The Polish government has adopted a draft law allowing judicial review of Forest Management Plans and expanding public participation to comply with a 2023 European Court of Justice ruling.

Adapting to EU Legal Standards

The government has approved a legislative amendment to the Forest Act to align Polish regulations with a 2023 ruling from the Court of Justice of the European Union (CJEU). The court previously found that Polish law failed to provide sufficient judicial oversight regarding Forest Management Plans (PUL), which are the foundational 10-year documents guiding forestry operations.

Under the new provisions, PUL documents will be approved via administrative decisions, allowing for appeals through administrative courts. This change follows a formal warning from the European Commission in January 2026 regarding the necessity of addressing these procedural shortcomings.

Enhanced Public Participation and Oversight

The draft law grants environmental organizations and employer representatives the right to challenge plans, including addressing administrative inaction or protracted proceedings. Only social organizations with at least 24 months of documented activity in nature conservation are eligible to file such complaints.

The legislation mandates greater transparency, requiring the government to organize consultation meetings and publish reports on public participation. Additionally, the role of environmental authorities (RDOŚ and GDOŚ) is strengthened, as new plans will require their explicit agreement.

Operational Procedures and Penalties

If a Forest Management Plan is not approved before its predecessor expires, forest operations will require specific authorization from the Minister of Environment. Exceptions exist for actions necessary to ensure public safety, national defense, or the preservation of cultural heritage.

The government has also updated the Code of Petty Offenses, increasing the maximum fine for illegal logging or failure to comply with management plans to 30,000 PLN. Forest owners must now submit plans at least three months before the current one expires to ensure continuity.

Liability and Implementation

The draft stipulates that forest owners, including district foresters, will not be held liable for accidents caused by natural forces or factors beyond their control. The new regulations are expected to come into force 30 days after their publication in the Journal of Laws.