Judges’ innovations to achieve carbon neutrality: Governance and control issues, impact on civil society and firms
Type de matériel :
TexteLangue : français Détails de publication : 2025.
Ressources en ligne : Abrégé : This article examines judges’ innovative role in climate governance by analyzing the “KlimaSeniorinnen” ruling of the European Court of Human Rights (2024) and the “Grande-Synthe” case of the French Council of State. It highlights how the judiciary imposes greenhouse gas reduction obligations on states, shifting from litigation focused on insufficient climate ambition to monitoring the effective implementation of commitments. The article underscores the tension between protecting economic freedoms, such as the freedom of enterprise, and environmental imperatives. It emphasizes the need for judges to ensure effective climate governance while allowing public authorities the discretion to choose their means of action, without overstepping government decisions. JEL Codes: K32, Q58, D78, H23
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This article examines judges’ innovative role in climate governance by analyzing the “KlimaSeniorinnen” ruling of the European Court of Human Rights (2024) and the “Grande-Synthe” case of the French Council of State. It highlights how the judiciary imposes greenhouse gas reduction obligations on states, shifting from litigation focused on insufficient climate ambition to monitoring the effective implementation of commitments. The article underscores the tension between protecting economic freedoms, such as the freedom of enterprise, and environmental imperatives. It emphasizes the need for judges to ensure effective climate governance while allowing public authorities the discretion to choose their means of action, without overstepping government decisions. JEL Codes: K32, Q58, D78, H23
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