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.