Pravno varstvo glede trajnosti : okoljske in druge tožbe

slovenian

2024

volume 50, issue 6/7

climate action   climate change   Court of Justice of the European Union   European Court of Human Rights   fundamental rights   human rights   nuclear energy   sustainability

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Sustainability requires appropriate legal instruments and effective legal protection. This article looks at the options for proceedings in the event of environmental and climate violations, especially in relation to human rights. Various proceedings are analysed, both before national courts and the Court of Justice of the EU, where different types of proceedings can be brought, including for the interpretation of EU law under Article 267 of the Treaty on the Functioning of the EU, actions brought by the European Commission against Member States, or actions brought by Member States against the EU. Among the proceedings before the Court of Justice of the EU, the case concerning the conditions for claiming liability for air pollution, C-61/21 JP, is explained. Furthermore, cases relating to nuclear energy and the transposition of directives are also discussed. An example of a successful case before the European Court of Human Rights is also mentioned, namely the high-profile KlimaSeniorinnen case.

08.12.2025