Top court: Hungary’s waste management law unconstitutional

A provision of Hungary’s waste management law is unconstitutional because it violates property rights, the Constitutional Court ruled after President János Áder referred the law to the court.

Lawmakers passed the law on Dec. 15.

Áder had raised concern about the legislation because it stipulated removal of property rights over waste products but failed to indemnify producers, moreover, allowed an opportunity for making them pay for additional costs.

As we said in December, the president said the bill giving concession groups a discriminatory advantage was also unconstitutional. Ader also voiced concerns over the bill not providing enough gaurantees for cases of concession businesses winding up their operations, which he said threatened citizens’ constitutional rights to a healthy environment, details HERE.

In its ruling, the top court established that the legislation would restrict property rights and cause material damages to the owners.

According to the court, legislation must ensure that the owners are compensated for but at the same time aspects of public service, environmental protection and public health are promoted and EU regulatory requirements are also met.

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Source: MTI