EU climate change litigation: All quiet on the Luxembourgian front?

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Abstract

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 proves that to understand EU climate change litigation, careful attention needs to the constitutional law setting in which it is carried out.
Original languageEnglish
Title of host publicationResearch handbook on climate mitigation law
EditorsGeert van Calster, Wim Vandenberghe, Leonie Reins
PublisherEdward Elgar Publishing
Pages543-559
Publication statusPublished - 2015

Subject classification (UKÄ)

  • Law

Free keywords

  • miljörätt
  • environmental law
  • EU-rätt
  • EU law
  • EU climate change litigation
  • EU courts

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