In our examinations we have analysed primarily the rules and the enforcement of EU and Hungarian provisions concerning Natura 2000 sites. Although the Natura 2000 sites are of European Community significance and even though any damage may result in a procedure of breach of duty, we have still revealed authority omissions and unjustified decisions in our investigations. For example, we have investigated the Central Europe Rally race, the municipal spatial planning procedure of Pilisszenkereszt, and the barren fields of Budaörs. The precautionary principle and the application of EU law obviously represent a difficulty for the legal practice.
The protection of natural values is hindered by the fee to be paid for the procedures of registry of title deeds, the level of which cannot be afforded by the authorities and municipalities affected. We have also pointed out the importance of inner city green areas, trees and tree-groups in several cases.
The track of the Central Europe Rally (the so-called Hungarian Dakar) touched Natura 2000 areas and therefore on the basis of a complaint we examined the authorization circumstances. According to the license of the inspectorate, complying with given provisions the habitats cannot be damaged, the race causes no injury. The inspectorate and the national park affected have stated that the specifications of the license were not observed in course of the race. The inspectorate launched a nature conservation compensation procedure and inflicted a fine on the client. In our statement we have concluded that the unlawful issue of the license injured the right to a healthy environment. The subsequent fines do not compensate for this, at the most these carry an important message regarding the future for anyone using the environment. The inspectorate did not accept our conclusions.
Please join StudyMode to read the full document