The Plaumann Problem: How the People's Climate Case Widened the Gap to Judicial Review of the EU's Inadequate Climate Policy

Authors

Caroline Brown, false

Abstract

The dangers of climate change have already begun to harm individuals' basic rights in the European Union (EU). The People's Climate Case represents the fight in court to force the EU to take more aggressive action against climate change through greenhouse gas emission targets. Unfortunately, procedural rules on standing in the EU prevented the European Court of Justice from even reviewing the merits of the plantiff's claims. This article will address the EU Courts' prohibitively narrow interpretations of standing; why that interpretation is so problematic in climate change actions; and what needs to change to address the EU's gaps in access to justice.

Recommended Citation

Caroline Brown, The Plaumann Problem: How the People's Climate Case Widened the Gap to Judicial Review of the EU's Inadequate Climate Policy, 50 DENV. J. INT'l L. & POL'y 197 (Spring 2022).