Climate Litigation
The ECJ’s Opportunity to Address the EU’s Climate Mitigation Obligations
On the Possible Request for an Opinion on the EU-Mercosur Deal
The European Court of Justice could soon have the chance to rule on the EU’s climate mitigation obligations. In September, Professor Christina Eckes wrote for the Verfassungsblog on the possible request for an opinion on the EU-Mercosur Deal – and why the deal clashes with the EU’s mitigation duties.
Abstract
Different voices within the European Parliament, notably Green MEPs, are considering initiating a request for an opinion from the European Court of Justice (ECJ) on the compatibility of the EU-Mercosur Deal with EU law. This could be the ECJ’s best opportunity to speak on the EU’s climate mitigation obligations under European and international law.
After sketching how international and regional courts and tribunals have articulated mitigation obligations and explaining the implications for the EU, I argue that the ECJ should be asked to review the EU-Mercosur Deal. In particular, I argue that the agreement is incompatible with the EU’s mitigation obligations. Moreover, such a request would be an opportunity for the ECJ to assume its role as the domestic court of the EU legal order in relation to the defining global issue of climate mitigation.
