Fundamental Rights and Climate Change: Exploring New Perspectives and Corresponding Remedies
Synopsis
For many years legal thought and practice focused on the general concept of environmental rights as a legal tool meant to enforce the human right to a healthy and sustainable environment. Whilst there is an undeniable link between human rights and climate change, as illustrated notably by the global phenomenon of the climate change litigation, this monograph focuses on the growing role of potential, sectoral fundamental rights and tailored remedies available in the EU legal order in absence of a substantive fundamental right to a healthy environment in EU law. Against the background of the European Green Deal and its ambitious climate-neutrality goal by 2050, the book echoes the sustainability-based approach and its limits. Contributors analyse two interrelated perspectives. On the one hand, authors explore the procedural dimension by discussing the climate litigation and the limits of the concept of human environmental rights, state liability for loss and damage caused to individuals as a result of breaches of EU law, national remedies available in case of bad condition of the environment as well as the limits of the public interest litigation and challenges related to climate claims against private actors in national law. On the other hand, contributors discuss substantive aspects from a global perspective of food insecurity, soil monitoring and resilience as well as digitalisation, green skills and climate-induced migration. With insights from leading experts, this work highlights the evolving tensions and expectations within the EU legal framework. Essential for legal practitioners, policymakers, academics, and students of law and administration, this book offers a comprehensive exploration of the intersection between sustainability, climate action, and the protection of fundamental rights in EU law.
Chapters
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TABLE OF CONTENTS
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Introduction .......... 7
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Rights in the Era of a Climate Change: Contemplating the Limits of Human Rights as Instruments of Pressure for the Planetary Cause .......... 9
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The Bad Condition of the Environment as the Grounds for Liability of the State Treasury: Reflections on the Background of the Resolution by Polish Supreme Court of 28 May 2021 in the Case III CZP 27/20 .......... 47
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Damage Action for the Individual – Challenges for the National Courts in the Enforcement of EU Environmental Law: Remarks on the Judgment of the Court of Justice in the Case C-61/21 Ministre de la Transition Écologique (JP) .......... 79
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Between the Legal Qualification of Climate Claims and the Law Applicable to Their Resolution from the Perspective of Polish Law .......... 111
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Reframing Human Rights: Addressing Food Insecurity in a Global Context .......... 135
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Food Security and the Right to Food in the European Union .......... 153
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Proposal for a Directive of the European Parliament and of the Council on Soil Monitoring and Resilience (Soil Monitoring Directive) of 5 July 2023 in the Context of the Right to Health, Food and Information Concerning the Environment .......... 169
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Enhancing the EU Green Transition Through the Protection of Fundamental Rights in the Digital Environment .......... 193
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Environmental Public Interest Litigation in Romania: Recent Developments in Domestic Courts and the Implications of the CJEU Judgment in Case C-252/22 .......... 213
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Development of Green Skills as an Educational Platform .......... 243
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YOUNG SCHOLARS SECTION
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Climate-Induced Migration, a Dangerous Legal Gap in European Asylum Law .......... 263
