EU Climate Change Litigation, the Role of the E uropean Courts, and the Importance of Legal Culture

Bibliographic Data

ID7328381
AuthorsSanja Bogojević (0000-0003-1235-815X, corresponding author)
Year2013
Volume35
Issue3
Pages184-207
Publication date2013-05-13
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw & Policy (JOURNAL)
Journal identifiersISSN: 0265-8240 • E-ISSN: 1467-9930
PublisherWiley (PUBLISHER • GB)
DOI10.1111/lapo.12005
OpenAlexW1938600942
LanguageEN
Citations received6
References cited33

The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the E uropean U nion can be explained. Examining the case law concerning the EU E missions T rading S cheme, this article demonstrates that climate change proceedings in the E uropean U nion raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU 's regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, the borders of the EU's environmental regulatory powers. As such, this article shows that attention needs to be given to the interaction between climate change laws and the constitutional role of the EU judiciary. These interactions are considered here together with the contingency of EU climate change litigation on EU legal culture

Business · Climate change · Context (archaeology · Contingency · Economics · Forum shopping · Geography · Jurisprudence · Law and economics · Legal culture · Order (exchange · Political science · Environmental law and policy · European and International Contract Law · International Environmental Law and Policies · Law

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