Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2019, vol. LIII, No. 4, pp. 1391–1412
Language of the paper: English
Overview paper
udk: 342.565.2(439):504
doi: 10.5937/zrpfns53-22769
Author:
István Olajos, Ph.D., Associate Professor
University of Miskolc
Faculty of Lawt
civoliga@uni-miskolc.hu
Abstract:
The present article analyses the precautionary principle, which is one of the basic principles determines the basic human behavior applicable to environmental protection. The analysis happens in three perspectives. The first is the static perspective, which summarize, what do we mean under the definition of precautionary principle in the Environmental law. The author separates the precautionary principle from the two other related principles of human behaviour, which are the prevention and the recovery. The second perspective analyses, how this principle can be used in the field of the two areas of agricultural innovations related directly to the environmental protection, which are the food chain and the genetic engineering activities. In this field the question to be examined is, whether the principle is suitable for the corroboration of such bioethics responses that the stem cell of the unborn embryo is usable for saving other people’s lives. The third perspective is a constitutional change of attitude, the practice of Constitutional Court of Hungary. The main questions are, according to which arguments should integrate the Constitutional Court of Hungary this difficulty interpretable principle for the purpose of the protection of natural resources named as the common heritage of the nation in the Fundamental Law of Hungary and where are the limits of the legal actions regarding this principle.
Keywords:
precautionary principle, prevention and recovery, prohibition of regression, right of appeal to a judicial body, environmental protection organization system.