Distributive Choices in Urgenda and EU Climate Law

Martha Roggenkamp and Catherine Banet (eds.) European Energy Law Report XI, Intersentia, 2017

30 Pages Posted: 4 Nov 2017 Last revised: 9 Nov 2017

See all articles by Suryapratim Roy

Suryapratim Roy

School of Law, Trinity College Dublin

Date Written: June 2, 2017

Abstract

In a much-publicised judgment, The Hague District Court agreed with a group of private petitioners that the Dutch government should take more action on climate change. The judgment is currently being appealed, and has received criticism from several quarters. Some scholars question the compatibility of the decision with EU law. This chapter addresses this criticism, and in the process, explains that this issue points to the core of the case: the distribution of responsibility for protecting the citizen from climate harm. With regard to EU law, it argues that the decision is in compliance with primary law, and it is premature to arrive at a conclusive judgment on compliance with secondary law on climate change.

Keywords: Climate Change, Climate Law, Climate Regulation, European Union, European Law, Federalism, Urgenda, Ets

Suggested Citation

Roy, Suryapratim, Distributive Choices in Urgenda and EU Climate Law (June 2, 2017). Martha Roggenkamp and Catherine Banet (eds.) European Energy Law Report XI, Intersentia, 2017. Available at SSRN: https://ssrn.com/abstract=3064346

Suryapratim Roy (Contact Author)

School of Law, Trinity College Dublin ( email )

2-3 College Green
Dublin, Leinster
Ireland

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