the rights and interests of future generations and the hungarian attepts to represent and protect...
TRANSCRIPT
The rights and interests of future generations and the Hungarian attepts to represent and
protect them
Sandor Fulop, presidentEnvironmental Management and Law
Association (EMLA)
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
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
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
5
Without the Office ofthe Future Generations Ombudsman
the gene-bank of Érd would have disappeared
6
Without the Office ofthe Future Generations Ombudsman
the Hungarian public water utilities would have been
privatized
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
8
Without the Office ofthe Future Generations Ombudsman
a shopping mall and a parking lot would have
been replaced the protected
peat-bog of Dunakeszi
9
Without the Office ofthe Future Generations Ombudsman
an oversized golf-course and housing estate would have been built on high quality cropland near Páty
10
Without the Office ofthe Future Generations Ombudsman
the right of public participation in decision-making would have been violated several
times
11
Without the Office ofthe Future Generations Ombudsman
the act on world heritage would not be in force
(Tokaj, Erzsébetváros, Anker köz)
12
Without the Office ofthe Future Generations Ombudsman
the waste utilization factory of the Borsod Metalworks
would still be polluting
13
Without the Office ofthe Future Generations Ombudsman
we would not know, where the price of
Kyoto quotes can be found
14
Without the Office ofthe Future Generations Ombudsman
the Red Bull Air Race would still
endanger the protected site
15
Without the Office ofthe Future Generations Ombudsman
the noise emitted by the Mohács Cardboard
Factory would still disturb the rest of the
neighbourhood
16
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
17
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
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)
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
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