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National Forest Programmes and the Principle of Rule of Law (Rechtsstaatsprinzip)

National Forest Programmes and the Principle of Rule of Law (Rechtsstaatsprinzip). Willi Zimmermann Swiss Federal Institute of Technology Zurich COST-E19 International Seminar, 15-16 September 2003. General assumptions of NFPs.

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National Forest Programmes and the Principle of Rule of Law (Rechtsstaatsprinzip)

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  1. National Forest Programmes and the Principle of Rule of Law (Rechtsstaatsprinzip) Willi Zimmermann Swiss Federal Institute of Technology Zurich COST-E19 International Seminar, 15-16 September 2003

  2. General assumptions of NFPs • NFP essentially a planning process in a sectoral public policy field • Participation is a key element of NFP but the State plays a decisive role in the process of formulating and implementing a sectoral public policy • The Rule of Law is one of the essential principles of all State activities NFP and Rule of Law

  3. State under the rule of law • Formal elements • Principle of legality • Principle of the separation of powers • General procedural guarantees • Material elements • Fundamental rights • Social balance/ Principle of sustainability ? Formal and material elements of the Rule of Law NFP and Rule of Law

  4. National Forest Programme • Formal elements • Participation • Holistic and inter-sectoral approach • Iterative process with long-term commitment • Material elements • Sustainable forest management Core elements of National Forest Programmes NFP and Rule of Law

  5. National Forest Programme State under the rule of law • Material elements • Fundamental rights • Social balance/ Principle of sustainability ? • Formal elements • Participation • Holistic and inter-sectoral approach • Iterative process with long-term commitment • Material elements • Sustainable forest management • Formal elements • Principle of legality • Principle of the separation of powers • General procedural guarantees NFPs and the Rule of Law: Interactions between key elements NFP and Rule of Law

  6. Some conclusions • Both terms not yet absolutely defined but both contain a set of uncontested core elements • An enhanced understanding of the principle of Rule of Law results in a compliance with NFP key elements • Of specific interest is compliance of material requirements (sustainability, civic freedom, democracy) • Compatibilities also regarding procedural requirements • Holistic approach least responded to by Rule of Law NFP and Rule of Law

  7. Some conclusions, cont. • Despite this congruence, tensions between NFP and Rule of Law may occur (federalism, deregulation, objectives etc.) • Swiss NFP process evolves in supporting constitutional environment • Relatively new Constitution with explicit definition of Rule of Law • Sustainability anchored in Constitution NFP and Rule of Law

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