Szurovecz Zoltán: Szennyező fizet elve a vízminőség-védelemben.
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Abstract
The protection of surface water in Hungary is significantly influenced by the fact that the country is situated in a relatively deep basin which is almost closed and surrounded by the Carpathians and the Alps. Nearly 96 percent of the country’s annual surface water supply arrives from abroad. Besides, the water level of watercourses is immoderate, consequently not duly cleaned wastewater has a vast impact on the quality of receiving water. Article P) of the new Hungarian Constitution provides that water supplies are one of the natural resources, therefore, protection and preservation for future generations of natural resources, which all form part of the common national heritage is an obligation of the state and all others. The most important legal rules on the protection of water quality are regulated in an act, which is a high level in the hierarchy of legal sources. Sanction process is only one of the many different forms and legal institutions to protect water quality. Government Decree No. 220/2004. (VII. 21.) provides the legal rules for the fine regarding water pollution, infringement of channel and water protection. The legal rules incorporated in this legal source are penetrated by the Polluter Pays Principle, which is one of the basic elements of environmental law. Summarizing, we can say that the principle of prevention and the precautionary principle dominate when emission permits are issued. Accordingly, the permittees are subject to observe limit values. Polluter Pays Principle helps to interpret legal rules in the procedures imposing a fine. The examined court decisions reflect that the interpretation of legal rules may be greatly influenced by the latter legal principle. As a result it has a function to support daily practice and constitutes part of the living law. The interpretation of law in the referred court decisions on the one hand gives directions for the application of law later on, especially for the application of law by the authorities and on the other hand explains the issues which are not regulated by the legal rules.
| Item Type: | Conference or Workshop Item |
|---|---|
| Other title: | Polluter pays principle in the protection of water quality |
| Journal or Publication Title: | Alapelvek és alapjogok |
| Date: | 2015 |
| Volume: | 5 |
| ISSN: | 2063-3807 |
| ISBN: | 978-963-306-404-7 |
| Page Range: | pp. 443-453 |
| Series Name: | Szegedi Jogász Doktorandusz Konferenciák |
| Language: | Hungarian, English |
| Place of Publication: | Szeged |
| Event Title: | Alapelvek és alapjogok (2014) (Szeged) |
| Related URLs: | http://acta.bibl.u-szeged.hu/74889/ |
| Uncontrolled Keywords: | Vízminőségvédelem - jogi szabályozás |
| Additional Information: | Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven |
| Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
| Date Deposited: | 2022. Mar. 28. 13:43 |
| Last Modified: | 2023. Dec. 05. 11:25 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/74952 |
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