The EU’s Proposed 2040 Climate Target is Illegal: The European Parliament Must Act Accordingly

‘The European Parliament must reject the Council’s weakened 2040 climate target. It violates EU legal duties, relies on unreliable offsets, and undermines fairness. The EP must defend science, the rule of law, and its democratic mandate—not yield to short-term national pressure.”

by Ingo Venzke and Christina Eckes, European Law Blog, 18 November 2025

In their latest blog, Christina Eckes and Ingo Venzke argue that the European Parliament should have rejected the Council’s weakened 2040 climate target.

On 13 November, the European Parliament adopted its position on the 2040 climate target and endorsed the watered-down version of the proposal. Rather than holding the EU and its Member States to its international legal commitments, Parliament agreed to lowered ambitions and increased flexibilities instead, including greater reliance on carbon credits and possible adjustments in light of the EU’s international competitiveness. As they show in their blog, this is a contentious decision in more than one register. Not the least, it exposes the EU and its Member States to litigation risks.

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