Procedural and Substantial Aspects of the Right to a Healthy Environment in the Recent Case Law of the Constitutional Court of Hungary

Abstract

Decision No. 28/1994 (V. 20.) AB of the Constitutional Court of Hungary laid down one of the most important principles of the right to a healthy environment in the case law of the Constitutional Court, the so-called principle of non-derogation (also known as the prohibition of retrogression). As the Constitutional Court of Hungary stated in its Decision No. 16/2015 (VI. 5.) AB, the Fundamental Law of Hungary reinforced the environmental values and approaches of the former Constitution. In this article, I examine the development of the Constitutional Court’s recent case law on the right to a healthy environment since the adoption of the Fundamental Law of Hungary. First, the paper examines relevant procedural aspects of referring to the right to a healthy environment in constitutional complaint procedures. Then, the study introduces and evaluates the recent case law of the Constitutional Court concerning the principle of non-derogation, the precautionary principle and the polluter pays principle. For reasons of space, the practice of the Constitutional Court in relation to Article P) (1) of the Fundamental Law of Hungary is not analysed.