The polluter pays principle in the Hungarian civil law, with special regard to the liability for hazardous operations
Fájlok
Dátum
Szerzők
Folyóirat címe
Folyóirat ISSN
Kötet címe (évfolyam száma)
Kiadó
Debreceni Egyetem Állam- és Jogtudományi Kar
Absztrakt
Leírás
The polluter pays principle is one of the basic principles of international environmental lawmentioned directly firstly only in 1972, however the principle were declared in 1929 in thewell-known Trail Smelter Case. The polluter pays is an economical principle, and in themeaning of this principle the costs of pollution shall be shared between industrial companiesand consumers. Taking into consideration that after applying this principle price of productswill be higher than before, industrial companies shall reduce their pollution in the interest oftheir (and their products’) competitiveness. Seeing the development of the principle in EUlevel, the polluter pays were mentioned first time in the first „programme of action of theEuropean Communities on the environment” adopted in 1973. However it is questionablewhat polluter, pollution, obligation of polluter and costs of pollution mean exactly, and forthis reason this principle cannot be applied automatically.In this study I try to examine how the polluter pays principle works in the Hungarian nationallaw, especially in the Hungarian Civil Code. For this reason I examine the applicability ofArticle 345 of the Hungarian Civil Code („Damages Originating from HazardousOperations”), with special regard to the case-law of the Hungarian civil courts. I also try tointroduce the possibilities and obligations of the public prosecutor in environmental issues.
The polluter pays principle is one of the basic principles of international environmental lawmentioned directly firstly only in 1972, however the principle were declared in 1929 in thewell-known Trail Smelter Case. The polluter pays is an economical principle, and in themeaning of this principle the costs of pollution shall be shared between industrial companiesand consumers. Taking into consideration that after applying this principle price of productswill be higher than before, industrial companies shall reduce their pollution in the interest oftheir (and their products’) competitiveness. Seeing the development of the principle in EUlevel, the polluter pays were mentioned first time in the first „programme of action of theEuropean Communities on the environment” adopted in 1973. However it is questionablewhat polluter, pollution, obligation of polluter and costs of pollution mean exactly, and forthis reason this principle cannot be applied automatically.In this study I try to examine how the polluter pays principle works in the Hungarian nationallaw, especially in the Hungarian Civil Code. For this reason I examine the applicability ofArticle 345 of the Hungarian Civil Code („Damages Originating from HazardousOperations”), with special regard to the case-law of the Hungarian civil courts. I also try tointroduce the possibilities and obligations of the public prosecutor in environmental issues.
The polluter pays principle is one of the basic principles of international environmental lawmentioned directly firstly only in 1972, however the principle were declared in 1929 in thewell-known Trail Smelter Case. The polluter pays is an economical principle, and in themeaning of this principle the costs of pollution shall be shared between industrial companiesand consumers. Taking into consideration that after applying this principle price of productswill be higher than before, industrial companies shall reduce their pollution in the interest oftheir (and their products’) competitiveness. Seeing the development of the principle in EUlevel, the polluter pays were mentioned first time in the first „programme of action of theEuropean Communities on the environment” adopted in 1973. However it is questionablewhat polluter, pollution, obligation of polluter and costs of pollution mean exactly, and forthis reason this principle cannot be applied automatically.In this study I try to examine how the polluter pays principle works in the Hungarian nationallaw, especially in the Hungarian Civil Code. For this reason I examine the applicability ofArticle 345 of the Hungarian Civil Code („Damages Originating from HazardousOperations”), with special regard to the case-law of the Hungarian civil courts. I also try tointroduce the possibilities and obligations of the public prosecutor in environmental issues.