A környezethez való jog értelmezése a fenntartható fejlődési stratégia és az Alaptörvény fényében

Absztrakt

The Fundamental Law and the National Framework Strategy of Sustainable Development – adopted in 2013 – provides us with an opportunity to understand the right to environment in a wider context, beginning with the theory of sustainable development, which still has environmental considerations as its core issue. The ethical background is also a vital source of interpreting the right to environment. Here we relied on the teaching of the Catholic Church, within which the unity of rights and obligations result in our efforts to attain the public good. A basic constituent of sustainable development, generational equity, may also better be approached from the viewpoint of the right to environment. We analyse the attempts for an interpretation and visualisation of this right in the field of international cooperation, and examine the legal spectrum from the jurisprudence of the European Court of Human Rights to the Charter of Fundamental Rights, though they do not offer a satisfactory answer. The basic source of our domestic analysis is the practice of the Constitutional Court, which may also provide the proper basis for the interpretation of similar provisions of the Fundamental Law. The Fundamental Law, while preserving the previous constitutional solutions in the field of the right to environment, adds several new contextual elements to it, which have already been raised in connection with the international sources of sustainable development and ethical foundation, such as the robust presence of duties or the rights of future generations. We may also add human dignity, or heritage, which must also cover non material or intangible assets.