The Court of Justice of the European Union (CJEU) has once again demonstrated its role as a guardian of Europe’s biodiversity.
On 5 March 2026, The Court issued a landmark ruling against Portugal, imposing a €10 million fine and a daily penalty of €41,250 for failing to comply with its obligations under the Habitats Directive. Despite a 2019 judgment requiring the designation and protection of 61 Natura 2000 sites, Portugal has not adopted adequate conservation measures.
“The legislation adopted by Portugal, which merely designates SCIs as SACs without specifying either the natural habitat types or the protected species present on each of them, remains inadequate…” (CJEU Press Release No. 30/26)
The Habitats Directive (1992) and Birds Directive (2009) form the backbone of EU biodiversity policy, establishing the Natura 2000 network, the world’s largest ecological network. Member States are required to designate sites of Community importance (SCIs) as Special Areas of Conservation (SACs) and adopt management measures to ensure favorable conservation status.
This decision highlights the EU’s commitment to ensuring that biodiversity protection is not symbolic but operational. It underscores the principle 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.
Portugal’s case is not isolated. The CJEU has consistently intervened when Member States neglect their obligations under the Habitats Directive and Birds Directive:
— Greece (2016, Kyparissia Bay) – The Court condemned Greece for failing to safeguard nesting sites of the endangered loggerhead turtle.
— Poland (2018, Białowieża Forest) – The Court halted logging in one of Europe’s last primeval forests, protecting habitats and species from irreversible damage.
— Spain (2021, Doñana Wetlands) – Spain was found in breach of EU law for groundwater over-extraction threatening migratory birds in a Natura 2000 site.
— Ireland (2023, Atlantic SACs) – Ireland was ruled against for delays in designating and managing special areas of conservation.
These rulings demonstrate the EU’s readiness and willingness to impose sanctions where Member States fail to meet obligations, ensuring the integrity of the Natura 2000 network, the world’s largest ecological network.
The recent ruling against Portugal by the Court of Justice of the European Union serves as a stark reminder of the consequences of failing to meet biodiversity obligations. For Albania, on its long journey toward EU accession, this judgment should be seen as a wake-up call. Our country hosts extraordinary biodiversity that faces risks mirroring those identified in Portugal: delayed implementation, weak management, and insufficient enforcement.
In recent years, changes in Albania’s Law on Protected Areas have opened the door to development within core conservation sites, undermining the very purpose of protection. Similarly, the new hunting law has raised serious concerns about species conservation, potentially conflicting with EU directives that require strict safeguards for vulnerable wildlife. These legislative shifts highlight a troubling trend of prioritizing short-term economic interests over long-term ecological integrity.
Progress on the designation of Natura 2000 sites has also been limited, despite generous EU support through initiatives such as EU4Nature. This slow pace not only delays Albania’s alignment with EU standards but also weakens regional ecological connectivity, which is essential for the coherence of the Natura 2000 network.
Underlying these challenges are significant knowledge gaps regarding habitat and species distribution. Without robust data, it is difficult to design effective management plans or monitor conservation outcomes. Compounding this issue is the lack of institutional capacity: the agencies responsible for conservation remain under-resourced and under-trained, limiting their ability to enforce laws, engage communities, and deliver on EU requirements.
Taken together, these issues underscore the urgent need for Albania to strengthen its conservation governance. The Portugal ruling demonstrates that EU institutions will act decisively when Member States fail to meet obligations.
For Albania, this is both a warning and an opportunity: by addressing legislative weaknesses, accelerating Natura 2000 designation, and investing in institutional capacity, the country can avoid future sanctions and position itself as a credible partner in Europe’s shared biodiversity strategy.
As an NGO dedicated to freshwater ecosystems and biodiversity, INCA views these developments with deep concern. This ruling is a reminder that conservation must be measurable, enforceable, and sustained.
Against this backdrop, INCA calls for a stronger commitment to management plans and conservation measures that go beyond mere designation. The organization emphasizes the importance of participatory governance, empowering communities to act as stewards of protected areas, and insists that regional cooperation is essential to ensure Natura 2000 sites become living landscapes rather than lines on a map.
INCA also underscores the need for donor-supported governance frameworks that guarantee compliance with EU directives, alongside capacity building for institutions and communities to operationalize conservation measures effectively. Strengthening ecological connectivity across the Balkans is not only a regional priority but also a contribution to Europe’s shared natural heritage.
The author is President of the Board of of the Institute for Nature Conservation in Albania.
