Research Handbooks in Environmental Law series
Edited by Geert Van Calster, Wim Vandenberghe and Leonie Reins
Chapter 26: EU climate change litigation: all quiet on the Luxembourgian front?
This chapter demonstrates that EU climate change litigation is concerned with questions about ‘who’ decides the construction and the implementation of EU climate change law, ‘who’ can challenge these legal acts, and before ‘which’ court (between the EU and the national courts) this is adjudicated. The driving force behind these competence-related issues is the EU legal doctrine concerning jurisdictional matters, and primarily the subsidiarity principle. This shows that to understand EU climate change litigation, careful attention needs to be paid to the constitutional law setting in which it is carried out.
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