The Importance of the Principle of Design in Environmental Protection

Abstract

Short-term regulation that takes more account of economic considerations or long-term regulation, overarching subsequent political cycles. The Constitutional Court votes for the latter, when taking sustainable development into consideration. This vision might provide the pragmatic basis of the principles of prevention and precaution. This might integrate the different elements of sustainable development into the decision-making procedures, implement the safeguarding of the interests of future generations. Plans and programs oblige their designers, adopting them is generally compulsory, and their execution proves whether they are implemented in practice. Due to these qualities they are enforceable, as exemplified by the decisions of the CJEU, the Hungarian Curia or the upcoming current climate litigation worldwide. Therefore, along with the dedicated role within the principle of environmental law, their existence, function, importance is a constitutional requirement, a practical precondition of the implementation of fundamental rights, attached to environmental protection or sustainability, accordingly they have a constitutional character.