Published online by Cambridge University Press: 05 September 2025
Climate law scholars and practitioners master perhaps one of the most difficult law disciplines of our times. In essence, we have to cope with many developments, uncertainties and massive complexity regarding science, society and law. This is also true on the European continent. First, there is an enormous production and updating of regulatory tools, particularly by the EU legislator and subsequently the European Commission, but also by Member States and subnational entities. Meanwhile, the outcome of elections determining the political directions of those who occupy regulatory seats is uncertain yet tremendously important. Secondly, whether states, authorities and other actors addressed with obligations, including companies, will duly implement these climate laws is one of the most difficult questions of our time. As lawyers know, when a norm is adopted it is often not clear how it will play out in specific situations, including what (social and economic) efforts it will take to comply with it. Nonetheless, when non-compliance takes place, courts may be addressed to enforce the climate obligations. So indeed, thirdly, climate litigation is on the rise on the European continent, not only to enforce commitments, but also to step up the emission reduction actions of governments and companies. Climate change-related case law is present in many, if not all, national jurisdictions in Europe, as well as at the supranational level, such as before the Court of Justice of the European Union and the European Court of Human Rights. The fact that there is consideration about changing the competence for providing preliminary rulings specifically regarding the EU greenhouse gas emissions trading scheme, which is the flagship of the EU climate legislation, is a sign of a court busy with core climate change legislation.
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