THE PRECAUTIONARY PRINCIPLE’S ʻSTRONG CONCEPTʼ IN THE CASE LAW OF THE CONSTITUTIONAL COURT OF HUNGARY
THE PRECAUTIONARY PRINCIPLE’S ʻSTRONG CONCEPTʼ IN THE CASE LAW OF THE CONSTITUTIONAL COURT OF HUNGARY

Summary/Abstract: The present article focuses on the application and interpretation of the precautionary principle by the Constitutional Court of Hungary, especially concentrating on Decision 13/2018. (IX.4.) of the Constitutional Court of Hungary, in which the Constitutional Court of Hungary developed a considerably strong concept of the precautionary principle. In this article, the so-called strong concept of the precautionary principle in the case law of the Constitutional Court of Hungary means that the proper implementation of the precautionary principle is a strict condition for the Hungarian lawmakers. Namely, if the Hungarian lawmakers (e.g. parliament, government, ministers) do not take the precautionary principle into account in an appropriate way during the adoption of a legal provision, this situation shall cause a lack of conformity with the Hungarian constitution (i.e. the socalled Fundamental Law) and the Constitutional Court of Hungary shall annul the affected legal provision. In this article, the case law of the Constitutional Court of Hungary is assessed in the context of the genesis and development of the precautionary principle at international, European and Hungarian levels.

• Details
• Contents