The development of water rights administration in Hungary

A vízügyi igazgatás kialakulása Magyarországon

Koncz, Ibolya Katalin

CEDR Magyar Agrárjogi Egyesület

2019-08-07

water law

water management

history of water administration

administrative law

vízjog

vízgazdálkodás

vízügyi igazgatás története

közigazgatási jog

In this following study, I aim to explore the first steps in the emergence of water rights administration, which canserve as a sufficient basis for assessing the development of water rights administration. This may provide help inunderstanding the way we have gotten to the current status of regulatory legislations, as the key bases for changestaking place in public administration can always be found in former regulations. At present, water rightsadministration is considered among the top administrative priorities, not only in Hungary but all over the world.The reason for it can be found in the role of water in nature. Accordingly, the future role of water rightsadministration is of key importance. Researches on the emergence of water rights administration can serve a goodbasis for this future role, as such researches may provide assistance in pointing out where we are coming from andwhere we need to be headed. In the framework of this study, I elaborate on the basic principles of the water rightsact defined by the legislatures and the application of the Act. Regarding the assessment of the basic principles,there are basically two sets of aspects that can be taken into focus. Emphasis can be placed either on economicinterests or legal interests. It is true indeed that water rights are considered among the most difficult areasconcerning the large extent of conflicts between legal and economic arguments. Another issue making theassessment even harder to complete is the fact that a conflict of interests can be found between the two keygovernment interests, i.e. legal security and improving public well-being. In consideration of these issues, thematerial section of this study covers an assessment from a legal perspective, while I also aim to highlight suchmodern, civilian age elements of the legal regulations implemented in relation to water rights, which causedsignificant changes taking place with respect to practical execution.The respective bill was prepared along these principles, in which areas related to water rights were treated as asingle unit and the practical problems occurring were aimed to be solved by a regulatory framework. One singleprinciple could break through the basic principle governing the fine legislators of dualist era Hungary, according towhich everything must be subordinated to the most optimal economic development. This principle was theprohibition of waters by harmful substances. Accordingly, our forefathers did recognise that the protection of ourenvironment is not only important for the sake of their generation but for the protection of the future generations aswell. According to the thinking of that time, water was an inexhaustible supply; nevertheless, it is the absolute keyto man’s survival. Consequently, although this was not an intentional act, this was one of the first environmentprotection measures in Hungary.

In this following study, I aim to explore the first steps in the emergence of water rights administration, which canserve as a sufficient basis for assessing the development of water rights administration. This may provide help inunderstanding the way we have gotten to the current status of regulatory legislations, as the key bases for changestaking place in public administration can always be found in former regulations. At present, water rightsadministration is considered among the top administrative priorities, not only in Hungary but all over the world.The reason for it can be found in the role of water in nature. Accordingly, the future role of water rightsadministration is of key importance. Researches on the emergence of water rights administration can serve a goodbasis for this future role, as such researches may provide assistance in pointing out where we are coming from andwhere we need to be headed. In the framework of this study, I elaborate on the basic principles of the water rightsact defined by the legislatures and the application of the Act. Regarding the assessment of the basic principles,there are basically two sets of aspects that can be taken into focus. Emphasis can be placed either on economicinterests or legal interests. It is true indeed that water rights are considered among the most difficult areasconcerning the large extent of conflicts between legal and economic arguments. Another issue making theassessment even harder to complete is the fact that a conflict of interests can be found between the two keygovernment interests, i.e. legal security and improving public well-being. In consideration of these issues, thematerial section of this study covers an assessment from a legal perspective, while I also aim to highlight suchmodern, civilian age elements of the legal regulations implemented in relation to water rights, which causedsignificant changes taking place with respect to practical execution.The respective bill was prepared along these principles, in which areas related to water rights were treated as asingle unit and the practical problems occurring were aimed to be solved by a regulatory framework. One singleprinciple could break through the basic principle governing the fine legislators of dualist era Hungary, according towhich everything must be subordinated to the most optimal economic development. This principle was theprohibition of waters by harmful substances. Accordingly, our forefathers did recognise that the protection of ourenvironment is not only important for the sake of their generation but for the protection of the future generations aswell. According to the thinking of that time, water was an inexhaustible supply; nevertheless, it is the absolute keyto man’s survival. Consequently, although this was not an intentional act, this was one of the first environmentprotection measures in Hungary.

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magyar

info:eu-repo/semantics/article

info:eu-repo/semantics/publishedVersion

Peer-reviewed Article

article text

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application/pdf

https://ojs3.mtak.hu/index.php/JAEL/article/view/1817

10.21029/JAEL.2019.27.103

Journal of Agricultural and Environmental Law; Vol. 14 No. 27 (2019); 103-130

Agrár- és Környezetjog; Évf. 14 szám 27 (2019); 103-130

1788-6171

https://ojs3.mtak.hu/index.php/JAEL/article/view/1817/1202

https://ojs3.mtak.hu/index.php/JAEL/article/view/1817/1203