Open AccessInterests of Future Generations, Environmental Protection and the Fundamental Law
Author(s) -
Gyula Bándi
Publication year - 2020
Publication title -
agrár- és környezetjog
Language(s) - English
Resource type - Journals
ISSN - 1788-6171
DOI - 10.21029/jael.2020.29.7
Subject(s) - derogation , obligation , political science , legislation , law , state (computer science) , judicial interpretation , fundamental rights , law and economics , business , human rights , sociology , algorithm , computer science
The Fundamental Law of Hungary has a special focus on sustainable development, the protection of the interests of future generations and the common heritage of the nation. The ombudsman for future generation is a special and unique institution, responsible for the safeguard of these issues. The primary mission of the ombudsman is to remind the state, including all the state organs and levels, of this task and responsibility, also to propose legislation and to examine individual complaints. In this article we provide a breif overview of those part of the Fundamental Law, which are well-equipped by the decisions of the Constitutional Court. Among others is is clear from the above cases, that everyone has a three-fold obligation towards the interest of the future generation: conservation of options, conservation of quality, and conservation of access. These are supported by the principle of non-derogation and also by the wide interpretation of precautionary principle, in connection with the fundamental right to the environment.