According to a report published by the NGO coalition Climate Action Network Europe (CAN) on Friday 22 March, while the National Energy and Climate Plans (NECP) (see EUROPE 13166/19) play a major role in keeping the European Union on track to limit global warming to 1.5°C, the assessment of their revision reveals significant shortcomings which, if not significantly corrected, could lead to legal challenges against Member States.
This scenario echoes previous court cases in Italy, Spain and Belgium, where the NECPs, which oblige Member States to establish a ten-year monitoring system, have been used as central evidence in disputes focusing on failings such as public consultations and insufficient climate ambitions.
The aim of CAN Europe’s report is to analyse these past legal cases in which the NECPs and the courts have played a key role in achieving climate objectives, and to draw lessons that could be applied in future litigation.
With the imminent revision of the NECPs by June 2024, EU Member States must take account of the European Commission's recommendations and respect international commitments to avoid potential legal consequences. Climate litigation is therefore emerging as an influential tool for encouraging climate action, marking a decisive period in European environmental governance.
Read the report: https://aeur.eu/f/bim (Original version in French by Nithya Paquiry)