The planned amendment to the almost 50-year-old Federal Forest Act is unconstitutional. This is the conclusion reached by Rechtsanwalt Tobias Roß in his expert opinion, which was commissioned by the Working Group of German Forest Owners' Associations from the law firm DOMBERT Rechtsanwälte. The planned restriction of the choice of tree species, the downgrading of timber production and the limitation of other silvicultural and operational freedoms violate the fundamental rights of property (Article 14 of the Basic Law) and freedom of occupation (Article 12 of the Basic Law), explained Roß at the presentation of his expert opinion on 17 January 2024.

The draft law cites climate protection and the preservation of biodiversity as key legal objectives, while timber production is subject to considerable restrictions. However, there is no sufficiently reliable basis of facts and knowledge for such far-reaching reductions in value and restrictions on utilisation, notes Roß. In addition, the new regulations are not necessary because the current Forest Act does not prevent adequate reforestation, forest reorganisation or the promotion of biodiversity or the protection of endangered species. Above all, the penal provisions of up to one year's imprisonment for unauthorised clear-cutting, the introduction of substances into the forest soil or for disturbing the „silence of the forest“ are blatantly unconstitutional in Roß's opinion.