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The rights and interests of future generations and the Hungarian attepts to represent and
protect them
Sandor Fulop, presidentEnvironmental Management and Law
Association (EMLA)
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Content
• Intergernerational justice and sustainable development
• The history of the Hungarian experiment• Clarification & Networking• Similar organisations in other countries• The ombudsman institution in the system of
public participation
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Intergernerational justice and sustainable development
• From the Brundtland Commission definition• to the Rio+20 „The Future we Want”• Sustainable development at Kramer• that opens the gate for Balaton Group ideas• The system approach: flows and stocks,
hierarchy• and the system of sustainable development in
Rio+20
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The history of the Hungarian experiment
• The fight of an NGO, Védegylet (Protect the Future) and the 2007 political stalemate
• Recruitment, 2+1 functions, legal tools and their use
• Results• The FGO turned out system alien or the system
is alien?• The compromise in the constitution, the half
empty (full) glass
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5
Without the Office ofthe Future Generations Ombudsman
the gene-bank of Érd would have disappeared
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6
Without the Office ofthe Future Generations Ombudsman
the Hungarian public water utilities would have been
privatized
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7
Without the Office ofthe Future Generations Ombudsman
a huge straw-fired power plant would have been
established in the World Heritage of Tokaj region
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Without the Office ofthe Future Generations Ombudsman
a shopping mall and a parking lot would have
been replaced the protected
peat-bog of Dunakeszi
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Without the Office ofthe Future Generations Ombudsman
an oversized golf-course and housing estate would have been built on high quality cropland near Páty
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Without the Office ofthe Future Generations Ombudsman
the right of public participation in decision-making would have been violated several
times
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Without the Office ofthe Future Generations Ombudsman
the act on world heritage would not be in force
(Tokaj, Erzsébetváros, Anker köz)
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Without the Office ofthe Future Generations Ombudsman
the waste utilization factory of the Borsod Metalworks
would still be polluting
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Without the Office ofthe Future Generations Ombudsman
we would not know, where the price of
Kyoto quotes can be found
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Without the Office ofthe Future Generations Ombudsman
the Red Bull Air Race would still
endanger the protected site
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Without the Office ofthe Future Generations Ombudsman
the noise emitted by the Mohács Cardboard
Factory would still disturb the rest of the
neighbourhood
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Without the Office ofthe Future Generations Ombudsman
large military radar station would have
been constructed next to the residential area
of the city of Pécs
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Without the Office ofthe Future Generations Ombudsman
no one would be aware of the fact that in a kindergaten by the highway M3 the noise and air pollution limits are not observed
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Clarification & Networking
• A self deceiving world, a social level denial• Systematic problems, systematic solutions• Added value, comparative advantage to the
administrative bodies: several administrative, several legal branches, several sciences
• Networking with clients, networking with scientists and authorities (e.g. the Danube ecological service; or the gene bank projects)
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Similar organisations in other countries
• The New Jersey chief environmental prosecutor (1990-94)
• The New Zealand environmental commissioner (1987-)
• The Israeli future generation parliamentary commissioner (2000-2006)
• The Welsh, French, Maltese, Belgian, Norvegian initiatives – so far
• The wouldbe global high commissioner for FG
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The ombudsman institution in the system of public participation
• Ombudsman procedure as an extraordinary legal remedy
• The ombudsman as a capacity building tool• Networking with environmental NGOs• Active and passive information dissemination
– the communication policy of the FGO• Participation in the decision-making
procedure of the environmental ombudsman