Good Practices And `De Lege Ferenda' Proposals Concerning Constitutional Protection

Good Practices And `De Lege Ferenda' Proposals Concerning Constitutional Protection Of Future Generations Presented by: Prof. Dr. Szilágyi Date: 31 August 2024 Starting Point For Comparison - “Ingredients” • Systematization of László Fodor (2006) • Innovations in the recently adopted (Hungarian) Fundamental Law • And the so-called E.D.E. factor... Areas Highlighted By The Comparison Main Areas Definition of environment Definition of natural resources Definition of future generations Definition of sustainable development Role of constitutional court Role of ombudsmen Role of heads of state Right to a healthy environment Rights (other) Rights (restrictions) Protection of environment as duty/obl. Liability issues National assets Constitutional values (other) Some Specific Subareas Financial sustainability Sui generis green ombudsman Different names (different content) Right to water, public participation, collisions among rights International actors' liability Interactions among values Good Practices By Authors POL CZE SVK HUN SVN HRV SRB ROU Definition of environment CC Definition of natural resources + + + [3] POL CZE SVK HUN SVN HRV SRB ROU Definition of future generations CC + [2] Definition of sustainable CC + development [2] Role of constitutional court + + + (CC) [3] Role of ombudsmen [6] + + + + + + Role of heads of state Right to a healthy environment CC CC [2] Rights (other) + + Rights (restrictions) Protection of environment as + duty/obl. Liability issues National assets Constitutional values (other) Comments To Good Practices By The General Reporter - Comments to good practices by the general reporter freedom in the formulation of the terms, concepts & legal institutions concerning protection of future generations (FGs) and environment at constitutional level taking into account the national values and interests of the given country Main Areas Definition of environment Definition of natural resources Definition of future generations Definition of sustainable development Role of constitutional court Role of ombudsmen Role of heads of state Right to a healthy environment GP Comments Of The General Reporter • Reflection of national specificities in constitutional concepts of natural resources • Establishment of constitutional concept of financial sustainability ensuring the interest of FGs in relation to a country's public finances and debt (in HUN, POL) • essential conceptual case law (in some CE countries) • court of fact attitude (HUN) • sui generis green ombudsman • competences & actions towards private sector actors • plays a central role in numerous CE countries Rights (other) • some developments in a "green" direction Rights (restrictions) Protection of environment as duty/obl. • Liability issues • “greening” of state in numerous CE countries some regimes including e.g. citizens, [int.] corporations National assets Constitutional values (other) • in HUN it provided interpretation framework new Comments To DLF Proposals By The General Reporter - `Eco-trias of the organization and operation of state':  national positioning on the issue of population growth in the nation  greening of state structure and operation  properly manage & control certain environmentally harmful systems of certain international players - using their constitutional powers, countries should define the 'environment, 'natural resources', 'future generation' ('interests' and 'needs') in the light of their national specificities - as to FGs: how a country imagines the reproduction of its own society as a community with a common identity - financial (budgetary) sustainability with an expresses verbs connection to the protection of interest of future generations - is it not timely that the concept and approach of 'resilience' should now be given a more definite place in constitutional regulation and/or constitutional practice? - as to countries with a constitution expressly referring to Christian values/heritage, this context provides an additional level of interpretation for constitutional provisions relating to the environment and future generations - as to emergency power regulations of a constitution, crisis situations arising from environmental problems shall be taken into account - role of given actors  (a) budget council: blocks the adoption of the national budget in the case of the possibility of harming the interests of future generations  (b) constitutional court: as to environmental cases, to strengthen the court of fact character of the constitutional court; this can best be achieved by applying strong concepts of non-derogation principle and precautionary principle  (c) sui generis green ombudsman or greening the ombudsman; in addition to this, to extend the ombudsman's activities to systems of international and foreign actors - In addition to user pays principle, the system operator pays principle should be operated as well