Decision of the Hungarian Constitutional Court in case II/3536/2021 (on the constitutionality of Article 3(1) of the Climate Protection Act) - Other

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Decision of the Hungarian Constitutional Court in case II/3536/2021 (on the constitutionality of Article 3(1) of the Climate Protection Act) - decision

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The constitutional review case of Hungary’s Climate Protection Act (Act XLIV of 2020) was initiated by fifty members of Parliament, who argued that several provisions of the Act violated the Hungarian Fundamental Law (Alaptörvény) and certain international treaties, including the Paris Agreement and the UN Framework Convention on Climate Change (UNFCCC). The petitioners submitted their application in 2021 (case no. II/3536/2021), challenging, among other things, the emission reduction targets laid out in Article 3(1) of the Act. They argued that the Act’s 2030 target—a 40% reduction in greenhouse gas (GHG) emissions compared to 1990 levels—was insufficient, fell short of both European Union commitments (which call for at least 55% reductions), and failed to align with the scientific consensus necessary to meet the Paris Agreement’s 1.5°C temperature goal. They also claimed that the Act lacked concrete implementation measures and disregarded principles such as precaution and intergenerational equity.

The Constitutional Court found that Article 3(1) of the Climate Protection Act was unconstitutional. Specifically, the Court held that the provision violated Article P(1), Article XX(1), and Article XXI(1) of the Fundamental Law, which enshrine the principles of intergenerational justice, the right to physical and mental health, and the right to a healthy environment. The Court emphasized that the emission target failed to uphold the constitutional duty to preserve natural resources for future generations and to take adequate preventive and precautionary action against foreseeable climate risks.

The Court did not accept the argument that this provision conflicted with international treaties, including the Paris Agreement. However, it emphasized the state's duty to take climate measures that align with Hungary's constitutional obligations and broader international climate goals.

On June 12, 2025, the Court ruled that Article 3(1) of the Climate Protection Act is unconstitutional and annulled it, effective June 30, 2026. This delayed annulment gives the legislature time to revise the law.

Additionally, the Court determined—acting ex officio—that Parliament committed a constitutional omission by failing to adopt comprehensive, climate-specific measures tailored to Hungary’s and the Carpathian Basin’s needs. These include not only mitigation (beyond traditional emissions regulation) but also adaptation and resilience measures. The Court ordered Parliament to fulfill this legislative obligation by June 30, 2026.

The Court dismissed or rejected other parts of the petition, including challenges to Articles 1, 2, 3(2)-(3), and 4 of the Act, either for lack of legal merit or procedural insufficiency.

In sum, this decision is a landmark ruling in Hungarian climate law. It enforces constitutional obligations related to environmental protection and intergenerational equity and requires the legislature to adopt more ambitious and specific climate policies in line with constitutional principles.


Decision of the Hungarian Constitutional Court in case II/3536/2021 (on the constitutionality of Article 3(1) of the Climate Protection Act)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A target to reduce the prevalence of a greenhouse gas over a specific time frame

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Decision of the Hungarian Constitutional Court in case II/3536/2021 (on the constitutionality of Article 3(1) of the Climate Protection Act) - Other

Target

Impacted group

Greenhouse gas

Adaptation/resilience