Climate justice and its role in the realization and development of environmental law. The European Union context and People’s Climate Case Cover Image
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Justiția climatică și rolul său în realizarea și dezvoltarea dreptului mediului. Contextul unional-european și People’s Climate Case
Climate justice and its role in the realization and development of environmental law. The European Union context and People’s Climate Case

Author(s): Mircea Duțu
Subject(s): EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: EU Tribunal; clime legislative package; Article 263 TFEU; inadmissibility; action for annulment; compensation; Climate Case; climate disputes; climate justice;

Summary/Abstract: The climate dispute, developed explosively in the last decade, has had a first experience also at the level of EU law through People’s Climate Case (2018) in which 10 families and a civic association have brought an action before the EU Tribunal against the European Parliament and the European Commission for the insufficiency of the objectives assumed in the matter of climate changes. It was required the cancellation of several European Union legislative texts in the clime package and a compensation for the prejudice claimed to be incurred in this context. By the Ordinance of 8 May 2019, the action was dismissed as inadmissible, as the conditions of Article 263 (4) TFEU were not met, whereas there had been challenged legislative texts which did not concern and did not affect the applicants individually. The case law thus created leads to conclusions notable for the climate justice.

  • Issue Year: 2019
  • Issue No: 10
  • Page Range: 163-177
  • Page Count: 14
  • Language: Romanian