From Strasbourg to Luxembourg? - The KlimaSeniorinnen judgment and EU remedies

KlimaSeniorinnen has established a remedy which, in EU law, is not easy to locate and may actually be unavailable in light of restrictive CJEU case law. Whatever one’s views on this restrictive case law, it is a fact that the EU Charter of Fundamental Rights now obliges the CJEU to do as much as it can to accommodate the KlimaSeniorinnen remedy and to interpret the relevant TFEU provisions flexibly. One may assume that, sooner or later, the CJEU will be confronted with a KlimaSeniorinnen claim. If the CJEU were to declare such a claim inadmissible, it will put itself in the corner of courts re... Mehr ...

Verfasser: Piet Eeckhout
Dokumenttyp: Artikel
Erscheinungsdatum: 2024
Reihe/Periodikum: Verfassungsblog, Iss 2366-7044 (2024)
Verlag/Hrsg.: Max Steinbeis Verfassungsblog GmbH
Schlagwörter: CJEU / Climate Crisis / climate litigation / KlimaSeniorinnen / Plaumann / Remedies / Law / K
Sprache: Deutsch
Englisch
Permalink: https://search.fid-benelux.de/Record/base-29104068
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://doi.org/10.59704/bc340a914f6156b0

KlimaSeniorinnen has established a remedy which, in EU law, is not easy to locate and may actually be unavailable in light of restrictive CJEU case law. Whatever one’s views on this restrictive case law, it is a fact that the EU Charter of Fundamental Rights now obliges the CJEU to do as much as it can to accommodate the KlimaSeniorinnen remedy and to interpret the relevant TFEU provisions flexibly. One may assume that, sooner or later, the CJEU will be confronted with a KlimaSeniorinnen claim. If the CJEU were to declare such a claim inadmissible, it will put itself in the corner of courts refusing to engage with climate change policies. That would be unfortunate for a court that has long been at the forefront of legal progress.