From the principle of non-regression to the obligation to step forward – the evolution of the Hungarian Constitutional Court’s environmental practice¹

by | Cikkrészlet

with Nincs hozzászólás
Author:
Sándor Szemesi chief counsellor, Constitutional Court of Hungary

Abstract

With its Decision 5/2025. (VI. 30.) AB of the Constitutional Court of Hungary, the so-called ‘climate decision’ (klímahatározat), the Hungarian Constitutional Court joined the camp of national (and international) courts that have formulated a forward-looking legal position in relation to the protection of the climate: the climate decision goes beyond the principle of non-retrogression (non-regression, or, in Hungarian literature, non-derogation) set out in the earlier Decision 28/1994. (V. 20.) AB of the Constitutional Court of Hungary, stating that in certain areas related to environmental protection, States are not only bound by the principle of non-regression, but also by an explicit obligation to step forward. The study reviews the relevant practice of the Hungarian Constitutional Court between 1994 and 2025, showing what legal considerations and international examples led to the statement of the obligation to step forward. The study argues that Decision 5/2025. (VI. 30.) AB of the Constitutional Court of Hungary, which declares the obligation to step forward, is of similar significance to Decision 28/1994. (V. 20.) AB of the Constitutional Court of Hungary, both at the national and international levels.

Keywords: non-regression, non-retrogression, non-derogation, obligation to step forward, climate, Hungarian Constitutional Court, right to a healthy environment, living instrument

I. Introductory remarks

In 1994, the Hungarian Constitutional Court adpoted a decision of great global significance when it declared the principle of non-regression (also known as non-retrogression, or, in Hungarian literature, non-derogation[2]) in relation to the right to a healthy environment in Decision 28/1994. (V. 20.) AB of the Constitutional Court of Hungary. This study examines the establishment of the principle of non-regression at the national and international levels and how the Hungarian Constitutional Court’s approach has evolved since the Fundamental Law came into force in 2012, particularly in light of the findings of Decision 5/2025. (VI. 30.) AB of the Constitutional Court of Hungary, also known as the Hungarian ‘climate decision’.

Ön itt egy cikkrészletet talál. A teljes írást az Alkotmánybírósági Szemle nyomtatott változatában olvashatja el. Előfizetni a folyóiratra itt tud.

[1] This research was carried out using the European Constitutional Communication Network (ECCN) database, within the framework of the research project of the Comparative Constitutional Law Research Group at the National University of Public Service.

[2] Since Hungarian constitutional legal terminology uses the term ‘non-derogation’, I have chosen to use this term in this study whenever I cite a decision of the Hungarian Constitutional Court directly.