CLASS ACTION LAWSUITS IN CONNECTION WITH INFRINGEMENTS CAUSED BY ENVIRONMENTAL POLLUTION - A PROPOSAL BY THE OMBUDSMAN FOR FUTURE GENERATIONS TO AMEND THE STATUTORY RULES OF THE NEW CODE OF CIVIL PROCEDURE

In exercising his capacity to initiate legislation, the Ombudsman for future generations proposes to amend the draft Code of Civil Procedure in order to introduce the legal concept of class action also to cases when the infringement of a right is caused by environmental pollution, including material and health damage resulting therefrom.

The introduction of the legal concept of class action may become a promising, new way of enforcing the citizens' rights, enabling citizens who have suffered the same injury to protect their interests collectively. However, according to the draft Code, this new legal tool–for the time being–would have only a limited application (to enforce claims related to consumer contract law, and in labor litigation). Violations caused by environmental pollution would not be included therein, although they typically affect many citizens – it would be appropriate to give them access to this new means to collectively enforce their rights.

It would be all the more important because, as shown by experience, the victims of such violations rarely opt to legally enforce their rights; however, together, joining forces and in an organized way they would be more likely to go to court. In the course of its investigations the Ombudsman's Office has come across several cases where infringements of the same kind affect many citizens; nonetheless, only a few of them opt to bring a lawsuit. The explanation of the bill fits perfectly these cases: "the protection of rights might fail without the advantages in efficiency ensured by the collective enforcement of rights, since individual lawsuits probably would not be brought". Providing the option of a class action lawsuit would change this situation, which could significantly contribute to the application and enforceability of the constitutional fundamental right to a healthy environment. In addition, such implementation of the "polluter pays" principle would likely act as a deterrent for activities harmful for the environment.

Based on the above, Marcel Szabó proposes the amendment of Section 583, Subsection (2) of Draft Bill T/11900 on Civil Procedure in order to provide the option of class action in every lawsuit filed for "compensation for environmental damages caused by human interventions or omissions, or in connection with material or health damage resulting from the state of the environment". The Ombudsman for future generations trusts that the Ministry of Justice and the Committees on Legislation and Justice of the Parliament will support his proposal, and the Parliament will adopt the amendment.