The urgent need for climate protection as reflected in supreme court rulings in the European Union

Absztrakt

It goes without saying that the climate change will affect the enjoyment of human rights, e.g., the right to life, the right to private life, economic rights. It is therefore not surprising that applications are being brought up to the supreme courts to enforce the effective climate protection measures. Nevertheless, the human rights documents in most of the European states as well as the EU Charter of Fundamental Rights and the European Convention on Human Rights do not contain a fundamental right to climate protection or to a healthy environment.

The article will provide an overview of the respective decisions of several supreme courts across Europe without claiming to be complete. It will also analyze the relevant case law of European courts, i.e. the ECJ and the ECtHR. Against this background, the question is raised as to whether fundamental rights actions can be regarded as an effective instrument for enforcing climate protection measures.