Hungarian Yearbook of International Law and European Law


From Non-Derogation to the Duty to Progress

Key Elements of the Right to a Healthy Environment in the Case Law of the Hungarian Constitutional Court

Keywords Constitutional Court of Hungary, right to environment, non-derogation, non-retrogression, duty to progress
Authors Sándor Szemesi
Author's information

Sándor Szemesi
Sándor Szemesi: chief counselor, Constitutional Court of Hungary.
  • Abstract

      The Hungarian Constitutional Court’s practice regarding the enforcement of the right to a healthy environment is of outstanding importance. This practice was launched by Decision No. 28/1994. (V. 20.) AB and by the principle of non-derogation (or non-retrogression) stated therein. Over time, the Constitutional Court also elevated the precautionary principle to constitutional rank and the Fundamental Law that entered into force in 2012 also enables the Constitutional Court to pay particular attention to the interests of future generations, as well as environmental and natural values as elements of the common heritage of the nation, in addition to the present generations’ right to a healthy environment. This article examines how the principle of non-derogation (as a crucial part of the right to a healthy environment) is applied in the Hungarian Constitutional Court’s practice and to what extent that principle may be used in the future to solve environmental problems (primarily the effects of climate change) faced by humanity.

Please sign in to access the article

Did you receive an activation code but no access yet? Please activate your code here.

Forgot your password? Request new password.

Purchase access

You can purchase online access to this article. You will receive 24 hrs access @ € 17,50 (excl. VAT).

24 hrs access € 17,50 (excl. VAT)

Activate your code

If you have an access code, please activate it here.