The special asset management right of nature conservation areas, the principal of the prohibition of regression and the conflict with the ownership right in connection with the management of state-owned areas

  • István Olajos University of Miskolc, Faculty of Law, Department of Agricultural and Labour Law
Keywords: agricultural land, forestry land, nature conservation area


The author analyzes the legislation regulating the nature protection areas, that is a special regulation to the agricultural and forestry lands, from the aspect of fundamental rights. He finds the historical antecedents of the special regulation in the system of land distribution specially treated in the time of regime change. With regard to the principle of non-refoulement and the precautionary principle, he analyzes why it is unconstitutional to return land once under environmental management to the National Land Fund's asset management. What issues arise in connection with the problem of still valid contracts drawn based on the NFA Act from the aspect of landowners with special right of use and new owners appearing in the position of the owner and the debtor in connection with the programme „Land for Farmers!”. He also analyzes whether the privatization of state-owned NATURA 2000 sites may happen.