Description
Nordic constitutions generally do not entrench justiciable environmental rights for individuals or rights of the environment. Traditionally, the judiciary has been cautious not to engage in political matters, and instead has left the balancing of societal interests to democratically legitimated politicians. The courts of Denmark, Finland, and Sweden have been hesitant to conduct constitutional review, and none of the countries features a constitutional court. Owing to the impact of EU law and the ECHR since the 1990s, the Nordic courts have become more open to assessing the constitutionality of legislation. This raises questions on the contemporary relation between constitutional law and measures to counter climate change and climate emergencies.In Swedish law, the 1974 Instrument of Government (the central fundamental law) states that ‘[t]he public institutions shall promote sustainable development leading to a good environment for present and future generations’. This provision is phrased as a societal goal, which primarily is directed towards the legislator and the Government, and not as an individual right that can be enforced in courts. Since 2017, the Climate Act, an ordinary Act of Law, lays down the framework for the Government’s climate policy work. The 1999 Finnish Constitution also treats environmental protection as more of an aspiration, rather than a justiciable right. The Finnish Constitution provides that everyone, not just the authorities, is responsible for the protection of nature, and its biodiversity. It also emphasises the right of the public to participate in decisions that concern the living environment of the people. But again, there are no further constraints or rules, other than that the government should ‘endeavour’ to guarantee a right to a healthy environment to everyone. Similar to Swedish law, an Act on Climate Change (2015) provides binding rules on how to fight climate change. In Denmark, finally, the 1953 Constitution, owing to its old age, does not even touch the subject of environmental protection. As in Sweden and Finland, a Climate Act (2020) establishes principles aiming at reducing emissions.
Courts in all three countries have had to consider arguments relating to the mentioned constitutional and legislative provisions, although there have not yet been any major cases such as the Dutch Supreme Court ‘Urgenda judgement’ of 2019 or the Norwegian Supreme Court ‘Climate judgement’ of 2020. This workshop focuses on the constitutional tools and interpretive principles that courts employ to resolve novel legal issues presented by climate litigation, given the different constitutional settings and traditions of Denmark, Finland, and Sweden as compared to other jurisdictions. The workshop will try to disentangle the nuances of constitutional adjudication about climate change, environmental protection, and climate emergencies in the Nordic setting. Since the protection of the environment and climate change
are inherently international topics, perspectives from public international law, EU law, and comparative legal studies will also be represented. The participants will also be offered an opportunity to publish their papers in the Nordic Journal of European Law.
| Period | 2022 Sept 1 → 2022 Sept 2 |
|---|---|
| Event type | Workshop |
| Location | Lund, SwedenShow on map |
| Degree of Recognition | International |
Free keywords
- climate change
- constitutional law
- EU Law