Prawne aspekty funkcjonowania morskich obszarów chronionych w Rzeczypospolitej Polskiej w świetle Unijnej strategii na rzecz bioróżnorodności 2030: „Przywracanie przyrody do naszego życia”
Legal aspects of the marine protected areas in the Republic of Poland in the light of the EU Biodiversity Strategy for 2030: “Bringing nature back into our lives”

Summary/Abstract: The article addresses the legal aspects of marine protected areas (MPAs) in the Republic ofPoland in light of the EU Biodiversity Strategy for 2030: “Bringing nature back into our lives”.MPAs are being created in many countries and are intended, among other things, to enablethe provision of basic ecosystem services and the protection of marine biodiversity and culturalresources. The aim of this study is to present the functioning of marine protected areasin Poland established within the framework of Polish area-based forms of nature protection,the Natura 2000 system of protected areas and the HELCOM MPAs system. This is achievedby answering two questions: whether the exercise of competences in MPAs by national publicadministration bodies may lead to conflicts of competence between them, and whether thecreation of a coherent trans-European Natura 2000 network requires cooperation between EUmember states and countries in the regionconcerned. In order to answer these questions, theprovisions regulating the legal status of MPAs and selected administrative court rulings were analysed,and reference was also made to the views of the doctrine in the field of administrative law,environmental law and maritime law. The research has confirmed that overlapping competencesof national administrative bodies responsible for specific MPAs may result in jurisdictional disputesand that in order to create a coherent trans-European Natura 2000 network, cooperationbetween all EU member states is necessary, particularly between countries in a specific region,e.g. the Baltic Sea area.

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