The Role of the EU Charter on Fundamental Rights in Climate Litigation

Abstract

Climate litigation has become a permanent fixture in the climate law and policy landscape. Across jurisdictions, climate litigation takes different shapes, with actions based on administrative, civil or criminal law. An increasing number of cases incorporates human rights, leading to courts inter alia imposing more onerous mitigation obligations on governments and private actors in light of human rights provisions. Several landmark cases in this domain have come from European jurisdictions and have been argued with reference to both the European Convention on Human Rights and the European Union’s Charter on Fundamental Rights. An analysis of case law from the European Member States shows that the emerging picture is one of the Charter playing a secondary role to the ECHR. Based on this jurisprudential analysis, this article reflects on the future role of the Charter in climate litigation, and in shaping environmental human rights.

Keywords: Climate litigation, human rights, European Convention on Human Rights, EU Charter on Fundamental Rights, judicial dialogue