A visszalépés tilalma, mint minimális környezetvédelmi elvárás
The prohibition of withdrawal as minimum environmental protection requirement

Summary/Abstract: One of the key issues in environmental protection is how to set the level of expectations. This can hardly be described in a positive way in general terms. The human rights approach is more a reminder that the state and everyone else has minimum obligations. The concept of jus cogens in international law refers to this. From the outset, the Hungarian Constitutional Court has applied the requirement of non-regression, which therefore takes the level of protection already achieved as a benchmark. Deviations from this, applying the necessity-proportionality test, are conceivable for the justified protection of other fundamental rights, but only with adequate justification, which is an obligation on the state. The prohibition of retrogression covers several aspects: the assessment of priorities, substantive and procedural issues, administrative or other organisational conditions, operational efficiency. All from the point of view of whether or not it has, or can have, an impact on the enforcement of the right in question. Not only is actual regression prohibited, but the possibility, or even the risk, of diminution is not permissible. In this context, the focus is on prevention and precaution.

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