Constitutional protection of the environment with particular regard to the Hungarian, German, Italian and Belgian constitutional regulation

Abstract

Environmental protection has become a burning issue which plays a more and more important role in the world. The aim of this study is to give a picture of the constitutional regulation of environmental protection which is the highest legal source of a nation. Besides the Hungarian Fundamental Law, the German, Italian and Belgian constitutions were examined in the study. On one hand, we looked into how environment is regulated in the constitutions, as a right (right to environment) or a state task or objective (protect the environment). On the other hand, we analysed how related regulatory subjects appear in the constitutions, such as natural resources, future generations and sustainable development.

State liability for health damage caused by excessive air pollution: Constitutinal and Private Law aspects

“…As highlighted by Advocate General Kokott, the case was intended to clarify the extent to which an infringement of the limit values for the protection of ambient air quality under EU law can in fact give rise to an entitlement to compensation. 23 On December 22, 2022, the CJEU delivered its judgement. The answer is decisive because it could open the door to many potential lawsuits.…”

“…34 Since then, the conditions for 26 Ibid., para. 23 state liability have been reformulated slightly. 35 An individual9s right to compensate for the damage caused by a Member State for a breach of EU law is examined under three conditions.…”