null Experiences in environmental law enforcement - exchange of ideas at the Ombudsman’s Office

On April 24, 2017, a conference on the experience gained in the implementation of the Directive on Environmental Liability on the level of the EU and in Hungary was held at the Office of the Commissioner for Fundamental Rights in Budapest, Hungary. 

At the professional forum, welcome speeches were held by President of the Curia Mr. Péter Darák, Ombudsman for Future Generations Mr. Gyula Bándi and member of the Board of the Association of Hungarian Administrative Judges Mr. Kálmán Sperka. Presentations on the topic were held by the experts of the Ombudsman’s Office, the judges of the Curia and the Public Prosecutor’s Office, the experts of the European Commission, as well as university lecturers and the representatives of the Ministry of Agriculture and other authorities.

In his opening talk, the President of the Curia presented five Curia cases which were related to the topic of environmental liability. Dr. Péter Darák emphasized the importance of well-founded expert opinions elaborated during the procedures, as the vast majority of judgments are based on these professional documents. At the end of his presentation, the head of the supreme judicial forum of Hungary added that the Curia is taking part in the development of a Global Environmental Treaty at a French initiative. The goal set by the 150-member network of environmental experts is to summarize the fundamental principles of environmental law.

In his speech, the Deputy Commissioner for Fundamental Rights responsible for Future Generations called the attention of the audience to the importance of preventing environmental damages. Dr. Gyula Bándi thinks that prevention is not only the aim set out in the Directive on Environmental Liability but the users of the environment and the law enforcers also play their respective roles in prevention and the mitigation of damages, in compliance with Article P) of the Fundamental Law of Hungary. He also highlighted the necessity of prompt and effective action by the authorities, the fast establishment of liability, as well as imposing appropriate sanctions.
The issue of the protraction in the handling of cases related to environmental pollution was discussed by Head of the Board of the Administrative-Labor Department of the Curia Ms. Kincső Tóth. The speakers of the conference talked about the fundamental ideas and structural elements of the Directive on Environmental Liability of the European Union, as well as its transposition in the Hungarian legislation. The key Hungarian environmental law cases and judicial decisions were presented, and the legal options of prevention and the importance of the protection of future generations were also underlined. After the presentation of the abstracts, the speakers also answered the questions of the audience, as a result of which a lively debate developed in the event hall.

It was the sixth time that the Office of the Commissioner for Fundamental Rights and its legal predecessor, and the Association of Hungarian Administrative Judges has held a joint conference on environmental issues. The organizers hope that the discussion will be resumed in the upcoming years.