Attila Lengyel, Károly Mészáros

1. The role of the law in the context of NFPs – Examples from different countriesCasestudy of Hungary Attila Lengyel, Károly Mészáros Chair of Forest Policy, University of West-Hungary

2. Content • State and comprehension of the NFP-process in Hungary • Constitutional share of competence in forest and forestry matter in Hungary • Legal impacts of some core elements of the NFP Hungary • Conclusion and outlook Chair of Forest Policy, University of West-Hungary

3. Forestry legislation in Hungary • 15th- 17thcenturies - 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

4. 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 now Chair of Forest Policy, University of West-Hungary

5. 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

6. 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 of Rio UNCED Chair of Forest Policy, University of West-Hungary

7. 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

8. 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

9. 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

10. Legal impacts of some core elements of the NFP Hungary Legal regulations concerning intersectoral co-ordination • 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

11. 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 EU-regulation brings progress. • Intersectoral cooperation has to be strengthened than major danger to NFP Hungary isthe 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 theprocess’ achievements and start its implementation. • Further legal change is viewed as necessary to achieve goals of the NFPbut might turn out as impeding factor also… Chair of Forest Policy, University of West-Hungary

12. Thank You for attention ! Chair of Forest Policy, University of West-Hungary