Naslov
The Procedural Aspects of Environmental Protection in Croatian and Hungarian legal system

Autori
Czoboly, Gergely ; Poretti, Paula

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Law-Regions-Development / Drinóczi, Timea ; Župan, Mirela - Pečuh : Pravni fakultet Sveučilišta u Pečuhu ; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, 2013, 397-433

ISBN
978-953-6072-76-7

Skup
Law – Regions – Development, Legal implications of local and regional development

Mjesto i datum
Pečuh, Mađarska, 14.05.2013. - 15.05.2013

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
environmental protection; public interest; individual actions; collective actions; EU law; comparative procedural law

Sažetak
In the last few decades environmental protection has been recognized as an important social, political and legal question on the national as well as on the EU level. The right to adequate legal protection in the field of environmental protection is considered as an individual right, according to some even as a third generation human right. At the same time, environmental protection poses an interest to the state and it is considered a public interest. Recently, environmental protection has been recognized as a collective interest, even as an interest pertaining to all citizens (actio popularis, quivis ex populo). The national legislature is faced with a challenge of finding a balance among these interests and at the same time it is acquired to harmonize the national legislature with the EU legislature. Effective protection of the environment requires effective realization of the environmental law. To overcome the shortcomings of the national systems, it is necessary to deal with the procedural issues of the environmental law. In the first part of the paper the authors examine the statutory provisions on environmental protection at national level. The national reports deal with the same procedural topics, in particular with the existing individual and collective actions and try to identify the shortcomings of these solutions. In the second part of the paper the authors compare the national rules. The aim of this comparative analysis is to find solutions to the identified problems and shortcomings of the national systems. In the third part of the paper they review the policies and legal norms of the European Union and the jurisprudence of the European Court in this field and will analyze the conformity of the national solutions with the objectives of the EU. The authors of the paper, having in mind the similarities of the national legal regulations of Croatian and Hungarian legal system in the field of civil law examine and analyze the existing procedural solutions in the field of environmental protection of both Croatian and Hungarian legal system in order to detect open issues, doubts and perspectives which the national legislators encounter while accomplishing these tasks.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Ovaj rad objavljen je u trojezičnom zborniku radova -engleski, mađarski i hrvatski. Ovo je hrvatska jezična verzija rada sadržajno istovjetna na sva tri jezika

POVEZANOST RADA