Research Handbook on Climate Change Mitigation Law
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Research Handbook on Climate Change Mitigation Law

Edited by Geert Van Calster, Wim Vandenberghe and Leonie Reins

Governments around the world have been trying to find ways to reduce greenhouse gas emissions for decades. This detailed Handbook considers the spectrum of legal and market-based instruments as well as strategies and policies adopted around the world and suggests more effective, comprehensive and responsive ways of managing climate change mitigation.
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Chapter 26: EU climate change litigation: all quiet on the Luxembourgian front?

Sanja Bogojević


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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