Current challenges concerning the law of water services in Hungary

• Author: János ede Szilágyi
• Position: Associate professor, PhD, dr. habil., Faculty of Law, University of Miskolc (e-mail: civdrede@uni-miskolc.hu).
• Pages: 70-82

LESIJ NO. XXIII, VOL. 1/2016

CURRENT CHALLENGES CONCERNING THE LAW OF WATER

SERVICES IN HUNGARY

János Ede SZILÁGYI

Abstract

Water-related challenges exist in almost every countr y all around the world. These challenges

encompass pr oblems connected to different scientific fields, including la w. The legal ba ckground of

water issues is quite fragmented and, furthermore, consists of different levels of law – i.e. international,

EU a nd national law – as well. Though, the present pa per focuses on the Hungar ian water-r elated

legal cha llenges, it is a bsolutely clear that these cha llenges might not be solved without the

achievements of other scientific fields (beyond law), and without a multi-level and comprehensive legal

approa ch. This paper pr esents the most important focal points of the Hungarian water -legislation (i.e.

water law concepts) in consideration of which the law-makers adopt the law concerning water

management and water protection. By now, these water law concepts have been developed separ ately

from each other. The present paper dra ws attention to the importance of integrative instruments among

water law concepts. These integra tive instruments are elementary to solve the challenges of the 21st

century. The pa per provides some examples of these integrative instr uments. Afterwards, one of the

water law concepts is ana lysed in a deeper way; tha t is the so-called `water as a na tural resour ce and

the subject of commercial deals´, and especially its sub-categor y, water services. In connection with

water ser vices, the pa per also a ssesses the so-called Arad-Békés water ser vice agr eement accor ding

to which the Hungar ian and Romanian parties endeavor to transfer dr inking water from Romania to

Hungary. Such solutions in water utility supplies may be regarded r elatively rar e.

Keywords: water management law, water la w concepts, water services, water utility supplies,

agricultur al water services.

1. Introduction

Water and the connected social issues

are regarded as the most significant

challenges of the 21st century. These

challenges might merely be solved in a

transdisciplinary and multi-level (i.e.

international and national) way. The

 Associate professor, PhD, dr. habil., Faculty of Law, University of Miskolc (e-mail: civdrede@uni-miskolc.hu).

1

See e.g. Bruce Aylward et al., edit., Law for water management: a guide to concepts and effective approaches

(Rome: Food and Agriculture Organization, 2009); Laurence Boisson de Chazournes, Fresh Water in International

Law (Oxford: Oxford University Press, 2015); Daniel D. Bradlow and Salman M. A. Salman, Regulatory

frameworks for water resources management (Washington D.C.: The World Bank, 2006); David H. Getches, Sandra

B. Zellmer and Adell L. Amos, Water Law in a Nutshell (St. Paul: West Academic Publishing Co., 1997); Antoinette

Hildering, International law, sustainable development and water management (Delft: Eburon Publishers, 2004);

Stephen Hodgson, Modern water rights: Theory and practice (Rome: Food and Agriculture Organization, 2006).

decision-makers at both international

(including the European Union) and national

level are dealing with these challenges

1

,

nevertheless, it should be noted that their

responses so far have not provided a final

solution to the raised problems. In the

present paper, the author endeavours to

focus on the legal aspects of the water-

related social issues, and intends to assess