Hardly About People and Climate: Court of Justice of the European Union’s People’s Climate Case – Exemplifying Luhmanns’ Ecological Communication
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Hardly About People and Climate: Court of Justice of the European Union’s People’s Climate Case – Exemplifying Luhmanns’ Ecological Communication
German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 143–158
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Stoll, Peter-Tobias
Abstract
Abstract: In 2018, a number of individuals and an indigenous youth organisation challenged the European Union’s main pieces of climate change legislation for lack of ambition in the European Courts, the case was soon labelled as ‘The People’s Climate Case’ in public discourse. The carefully drafted application was dismissed by the General Court and in appeal by the European Court of Justice for lack of standing on the basis of the long-standing
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Peter-Tobias Stoll\nHardly About People and Climate: Court of Justice of the European Union’s People’s Climate Case – Exemplifying Luhmanns’ Ecological Communication | 143 | ||
| I. Introduction | 143 | ||
| II. A Well-Designed Climate Case – The Facts | 147 | ||
| A. The Reasoning of the Courts | 148 | ||
| 1. Article 263(4) TFEU and Plaumann | 148 | ||
| 2. No Individual Concern Under Plaumann | 149 | ||
| 3. No More Flexible Interpretations of the ‘Individual Concern’ | 150 | ||
| 4. An Effective Remedy Under Article 47 of Charter? | 151 | ||
| 5. Aarhus Convention | 152 | ||
| B. Cavalho et al. in context | 154 | ||
| 1. The ‘constitutional’ Approach of the German Bundesverfassungsgericht | 154 | ||
| 2. Cases Before the European Court of Human Rights | 154 | ||
| III. What next? | 155 |