Genti Kromidha, Institute for Nature Conservation in Albania
The Court of Justice of the European Union (CJEU) has once again demonstrated its role as guardian of Europe's biodiversity.
On 5 March 2026, the Court issued a landmark ruling against Portugal, imposing a fine of €10 million and a daily penalty of €41,250 for failure to comply with its obligations under the Habitats Directive. Despite a 2019 ruling requiring the designation and protection of 61 Natura 2000 sites, Portugal has failed to adopt appropriate nature conservation measures.
"The legislation adopted by Portugal, which simply names SCIs as SACs, without specifying either the types of natural habitats or the protected species present in each of them, remains insufficient…", was quoted in the CJEU press release on this matter.
The Habitats Directive (1992) and the Birds Directive (2009) form the backbone of EU biodiversity policy, creating the Natura 2000 network, the largest ecological network in the world. Member States are obliged to declare Sites of Community Importance (SCI) as Special Areas of Conservation (SAC) and adopt management measures to ensure a favourable conservation status.
This decision underlines the EU's commitment to ensuring that biodiversity protection is not symbolic but operational. It underlines the principle that legal declarations 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 consistently intervened when member states neglect their obligations under the Habitats and Birds Directives:
- Greece (2016, Kyparissia Bay) – Court condemns Greece for failing to protect nesting sites of endangered turtle Caretta caretta.
- Poland (2018, Białowieża Forest) – The court banned the logging of trees in one of the last remaining old-growth natural forests in Europe, protecting habitats and species from irreversible damage.
- Spain (2021, Doñana Marshes) – Spain was found in breach of EU law for excessive groundwater extraction that threatens migratory birds in a Natura 2000 area.
- Ireland (2023, Atlantic RDA) – Ireland was judged for delays in declaring and managing special conservation areas.
These decisions have consistently demonstrated the EU's readiness and willingness to impose sanctions when Member States fail to meet obligations, ensuring the integrity of the Natura 2000 network.
The recent ruling against Portugal also serves as a stark reminder of the consequences of failing to meet biodiversity obligations. For Albania, on its journey towards EU membership, this ruling should be seen as a call to action. Our country has an extraordinary biodiversity that faces risks similar to those identified in Portugal, including poor management and insufficient implementation of the legal framework.
In recent years, changes to the Law on Protected Areas in Albania have opened the door to development within key nature conservation areas, undermining the very purpose of their protection. Similarly, the new hunting law has raised serious concerns for species conservation, potentially in conflict with EU directives requiring strict protection measures for vulnerable fauna. These legislative changes demonstrate a worrying trend of prioritizing short-term economic interests over long-term ecological integrity.
Progress in the designation of Natura 2000 sites has been limited, despite EU support through initiatives such as EU4Nature. This slow pace delays Albania’s alignment with EU standards and weakens regional ecological connectivity, which is essential for the coherence of the Natura 2000 network.
At the heart of these challenges lie significant knowledge gaps on the distribution of habitats and species. Without solid data, it is difficult to design effective management plans or monitor conservation outcomes. This problem is compounded by a lack of institutional capacity: Agencies responsible for conservation remain underfunded and undertrained, limiting their ability to enforce laws, engage communities and meet EU requirements.
Taken together, these issues highlight the urgent need for Albania to strengthen its efforts to conserve nature. The decision against Portugal shows that EU institutions will act decisively when Member States fail to meet their obligations.
For Albania, this is both a warning and an opportunity: By addressing legislative weaknesses, accelerating the designation of Natura 2000 areas, and investing in institutional capacity, the country can avoid future sanctions and position itself as a reliable partner in the joint European biodiversity strategy.
According to the Institute for Nature Conservation in Albania (INCA), recent developments at the European level constitute a clear signal for the importance of real implementation of conservation policies. The organization emphasizes that nature protection cannot remain only at a declarative level, but must be measurable, implementable and sustainable in practice.
In this context, she underlined the need for a stronger institutional approach, where nature conservation measures go beyond the formal declaration of protected areas. The involvement of local communities in the management of these areas and the strengthening of regional cooperation are key elements for the real functioning of the Natura 2000 network.
It also emphasizes the importance of creating conditions for local experts to address problems and propose solutions independently, without political or administrative influence. Recent decisions of the Court of Justice of the EU, according to INCA, show that failure to implement obligations in the field of biodiversity can bring concrete consequences and require a rapid and professional response.
The organization also raises the need to improve governance frameworks and strengthen institutional capacities, in order to ensure compliance with EU directives and the effective implementation of nature conservation measures.acqj.al
