The role of the law in the context of NFPs –
Examples from different countries
Case study of Hungary
Attila Lengyel, Károly Mészáros
Chair of Forest Policy, University of
West-Hungary
1
Content
1. State and comprehension of the
NFP-process in Hungary
2. Constitutional share of
competence in forest and forestry
matter in Hungary
3. Legal impacts of some core
elements of the NFP Hungary
4. Conclusion and outlook
Chair of Forest Policy, University of
West-Hungary
2
Forestry legislation in Hungary
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15th- 17th centuries - forestry orders
1769 – Order on forests - Queen Maria Teresia
1807 – Law on forests
1879 – First modern forestry act
1921 – Act on afforestation
1935 – Act on forests and nature conservation
1961 – Act on forests and game management
1996 – Act on forests and their protection
Chair of Forest Policy, University of
West-Hungary
3
1. State and comprehension of the
NFP-process in Hungary
State of the NFP
• Planning phase 2001-2003, parliamentary discussion
2004, implementation 2005-2015 (?)
• Leading actors: administration, associations, NGOs, forest
industry, scientists (experts), privates, politicians, press
and media
• High-level scientific involvement
• Expert and direct participation – still more political
recognition is needed
• No conflict resolution schemes and iterative planning
mechanisms until Chair
nowof Forest Policy, University of
West-Hungary
4
1. State and comprehension of the
NFP-process in Hungary
Main characteristics of the NFP Hungary
• National level is more likely to achieve than the regional
level (ROPs possible)
• Shift from being motivated by the obligation-driven to
process-driven needs
• Key-elements: substantial NFP (but still danger of getting
only a symbolic NFP also)
• 1 programme out of many national level sector
development programmes – high-level need of
intersectoral solutions
Chair of Forest Policy, University of
West-Hungary
5
2. Constitutional share of competence in
forest and forestry matter in Hungary
Forest and forestry as a subject matter of state
regulation
• State regulation focused on property conditions general
and on land in particular in last 14 years
• 1994 Act on joint private forestry management forms
• 1996 Acts on Forests and the Protection of Forests,
Nature Protection, Hunting and Game Management
• Lack of harmonisation – recognition of new subjects of
law – missed the introduction of new incentives – tries to
introduce the ecosystem
approach
ofofRio UNCED
Chair of Forest
Policy, University
West-Hungary
6
2. Constitutional share of competence in
forest and forestry matter in Hungary
Main development trends
• Movement of predominantly importance of
production to more emphasis on social and protection
issues and aspects of forest management.
• Recognition of the need for diversification of some
regulations by different owners keeping the general
requirement of SFM too
Chair of Forest Policy, University of
West-Hungary
7
2. Constitutional share of competence in
forest and forestry matter in Hungary
Characteristics of the constitutional regulation
with respect to forest and forestry
• Hungarian Constitution recognises and secures the right on
property and healthy environment, the laws make it operational
(land, forests, nature protection…) and supports NFP elements
and goals
• Legally binding resolution of the Parliament is still necessary
to secure the start of implementation providing legal basis and
legitimacy - but still not enough to finalise it!
Chair of Forest Policy, University of
West-Hungary
8
3. Legal impacts of some core elements
of the NFP Hungary
Legal regulations concerning participatory
mechanisms
• Participation:
– a priori public hearings of legal proposals – corporatist
approach (often low-level development of organisations –
legitimacy problem), not incorporated to final policy making
– Inter-ministries negotiation ad hoc and institutionalised
– Parliamentary discussion with classic lobbying actor’s
behaviour
• Traditional forestry institutions’ lack of adapt themselves to
results of participatory processes – influences negatively the
intersectoral role of forestry
Chair of Forest Policy, University of
West-Hungary
9
3. Legal impacts of some core elements
of the NFP Hungary
Legal regulations concerning intersectoral coordination
• Inter-ministries negotiation ad hoc and institutionalised (Act on
State Administration)
• Intersectoral cooperation has been of a non-binding character
so far within NFP - governmental activity is expected to
accelerate in the next phase of strategically planning
• Major danger to NFP Hungary: marginalisation among other
national level development programmes with stronger political
support (gap in IC)
• (iterative planning still to be designed and conflict resolution to
be enhanced)
Chair of Forest Policy, University of
West-Hungary
10
4. Conclusion and outlook
• Gaps in legal regulation of forestry explored: harmonisation
between existing laws, few specific types of incentives eligible
for private forestry were introduced. Legal adaptation to EUregulation brings progress.
• Intersectoral cooperation has to be strengthened than major
danger to NFP Hungary is the marginalisation among other
national level development programmes with stronger political
support – legal regulation alone can’t secure the SFM needs
and the NFP realisation.
• The legally binding resolution of the Parliament will be
necessary to maintain the process’ achievements and start its
implementation.
• Further legal change is viewed as necessary to achieve goals of
the NFP but might turn out as impeding factor also…
Chair of Forest Policy, University of
West-Hungary
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Chair of Forest Policy, University of
West-Hungary
12