Introduction to Hungarian and International Enviromental Law

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The legal precedents drew from it all the conclusions, the grounds that any legislative measure previous to the Charter, the principal in the statutory power the care of determining the fundamental principles of the environmental protection, must be considered as implicitly repealed (Council of State, October 3rd, 2008).

The important laws so give rhythm to the evolutions as from 1975.

Law of July 15th, 1975

On waste

Law of July 7th, 1976

On the protection against the maritime pollution

Law of July 10th, 1976

On the conservation of nature and the environment

Law of July 19th, 1976

Relative to the installations classified for the environmental protection

Law of July 12th, 1983

Relative to the democratization of public inquiries and to the environmental protection, the mountain of January 9th, 1985, coast of January 3rd, 1986

Law of July 22nd, 1987

On the prevention of major risks

Law of December 30th, 1991

Relative to the searches(researches) on the management of radioactive waste on the water of January 3rd, 1992, on the waste of July 13th, 1992, on the noise of December 31st, 1992.

Law of July 13th, 1992

On genetically modified organisms

Law of January 4th, 1993

On quarries

Law of January 8th, 1993

On the landscape

Law of February 2nd, 1995

Carrying strengthening of the environmental protection, on the air and the rational use of the energy of December 30th, 1996

Law of June 25th, 1999

On the arrangement and the sustainable development of the territory

Law of July 26th, 2000

Relative to the hunting

Law of July 9th, 2001

On the forest

Law of May 9th, 2001

Creating a French agency of environmental sanitary safety

Law of July 30th, 2003

Relative to the prevention of technological and natural risks and to the repair of the damage

Law of April 14th, 2006

Relative to the national parks, to the marine natural reserves and to the regional natural reserves

Law of June 13th, 2006

Relative to the transparency and to the safety in nuclear material

Law of June 28th, 2006

Relative to the sustainable management of the materials(subjects) and radioactive waste

Law of December 30th, 2006

On the water and the aquatic circles

Law of June 25th, 2008

Relative to genetically modified organisms

Law of August 3rd, 2009

Law " Grenelle 1 " on programming relative to the implementation of the Grenelle (multiparty debate) on the environment

Law of July 12th, 2010

Law " Grenelle 2 " carrying national commitment for the environment, etc.

Law of August 17th, 2015

Law relative to the energy transition for the green growth

But, however fundamental they are, these big laws are only a part of the part which form the huge puzzle of the French law of the environment. They send back generally to statutory texts of application, much more numerous.

Also plentiful, the jurisprudence besides played a very important role in the development of the French law of the environment. She allows a full application the internal plan of the community law and the international law of the environment today. In that respect, it favors the putting in coherence of three legal orders and their dynamic combination.

The major principles of the environmental law were dedicated in our national law rather late: the international law, the community law, the other national rights had us - sometimes even widely - preceded on the subject. The recognition was legislative at first, by the way in particular of the said law "Barnier" of February 2nd, 1995 relative to the strengthening of the environmental protection which, next to very technical measures, expressed a number of fundamental principles, such as principles of precaution, preventive action, the pollutant-payer or still participation. Ten years later, the constitutional law of March 1st, 2005 relative to the Charter of the environment conferred to some of them a constitutional impact, sometimes under a different formulation, while expressing new principles.

The reading of the Code of the environment so begins with a series of said principles "generals" of constitutional and/or legislative value.

These principles play a fundamental role. In a subject at the same time recent and plentiful as the environmental law, they are at first a way to confer a bigger coherence on a relatively bushy and muddled body of rules. These general principles come to train the skeleton of the environmental law they give the essential main thread to find itself in the hank of texts.

The French law dedicates the right for a healthy environment today and confers him even a constitutional value, under the influence of the international and European rights which preceded him on the subject, and in particular thanks to the constructive