1. THE ACTIVITIES AND ACHIEVEMENTS OF THE COMMISSIONER FOR FUNDAMENTAL RIGHTS AND HIS DEPUTIES IN 2019
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the environment as a means of protecting human health, while
the third one is Article XXI, which specifically defines the right to
a healthy environment. The year 2019 saw the global strengthening of the need for policy-makers to pay increased attention to
the interests of future generations and the preservation of their
life conditions, which require decisions that are duly considered,
which take into account the principles of precaution and prevention, and point beyond short-term economic interests.
Protection of nature and natural capital
The traditional financial indices for measuring economic effi-
1.11. THE FOCAL POINTS OF THE
ACTIVITY OF THE DEPUTY
COMMISSIONER FOR FUNDAMENTAL
RIGHTS, OMBUDSMAN FOR FUTURE
GENERATIONS IN 2019
Introduction
In his work, the Ombudsman for Future Generations, the Deputy
Commissioner for Fundamental Rights responsible for protecting the interests of future generations, primarily focuses on the
fundamental rights-related questions concerning the enforcement of three articles of the Fundamental Law of Hungary. The
first article in question is Article P), which is about the common
national heritage, – including natural and cultural resources,
and in relation to this, the protection of future generations. The
second one is Article XX, which demonstrates the protection of
ciency are not suitable for showing the actual status of natural
resources, the ensuing quantitative and qualitative changes, i.e.
the effectiveness of protection. The economic value of the common natural heritage of the nation only becomes visible when it is
damaged. Thus, the Commissioner and his Deputy contacted the
President of the State Audit Office, and proposed the elaboration
of a set of criteria by which it becomes possible to assess how the
interests of future generations are protected in the management
of natural capital.
In order to ensure adequate protection, the principles of precaution and prevention should be enforced, in addition to applying the polluter (user) pays principle. The Deputy Commissioner
has emphasized several times that the preservation of services
provided by nature is also the economic interest of future generations, as the loss of seemingly “free of charge” ecosystem services in some cases cannot be replaced even by costly technological solutions. In order to ensure efficient protection, the changes
of our natural resources should also be illustrated in the form of
an inventory of assets.
Environmental liability
One of the fundamental elements of the Deputy Commissioner’s legislative initiative on environmental liability is how the
actors of the economy become interested in the prevention of environmental damages and how they take financial responsibility
for the environmental damages that they have caused. It is a major
goal, in addition to the elimination of the existing environmental
damages, to reduce the possibilities for and the consequences of
future environmental pollutions.
It is the common interest of the present and future generations
to achieve that the users of the environment avoid and prevent endangering and deteriorating the condition of the environment in
order to ensure that the means required for averting or reducing
damage are available, including the funds for the expenses necessary for such intervention. The state is responsible for making
the relevant laws, ensuring the necessary conditions, monitoring
the behaviour of those who use the environment, including the
detection of instances of illegal use of the environment, as well as
enforcing commitments, even by taking over performance. The
earmarking of funds set up from the already available payments
of the users of the environment and/or chapter-managed exProf. Dr. Gyula Bándi, Ombudsman for Future Generations
tra-budgetary funds create the financial coverage for this.
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