Fundamental rights and climate change in EU law and beyond – mapping fundamental rights, Nature’s rights and corresponding legal remedies
Dear EU law academics
Welcome to the second JMM Autumn Sustainability Event 2023 at the Jagiellonian University of Krakow. Our conference/webinar is an international, academic event which makes part of the Jean Monnet Module Sustainability and Climate Change in EU law Programme. The event will take place on 15 September 2023 at the Jagiellonian University Faculty of Law (possibly in a hybrid format).
You are welcome to submit an abstract of your paper of maximum 250 words following one of the three thematic Panels below.
Please submit your abstract no later than July 21 2023 by e-mail to susteulawconferences@uj.edu.pl. By 24 July 2023 all applicants will be notified on whether their proposal is accepted by the Organising Committee. In case of a large number of submissions, the organisers reserve their right to select the contributions. The estimated time for presenting the contribution at the Conference is 15 minutes + 10 minutes for discussion. A post-conference publication will follow.
We invite you to discuss the following:
I. Fundamental rights and climate change in EU law
The main purpose of this panel is to explore the relationship between the exercise and protection of fundamental rights under the EU Charter of Fundamental Rights and climate change. First, the question is whether and how climate change and environmental protection considerations affect fundamental rights in the EU legal order and whether a rising level of ambition in EU law regarding green agenda, notably through the prism of measures adopted at the EU and national level as a response to the climate change, in particular in the aftermath of the EU Green Deal, are meaningful in this regard. Secondly, notwithstanding a nature of Article 37 of the Charter which does not confer a subjective right to a healthy environment in EU law, we would like to explore whether other fundamental rights might perform a role of gap-filling or substitution instruments and constitute a source of legal protection for individuals. In this context, would drawing inspiration from the Court of the European Human Rights case-law and a model of derived environmental rights be a possible way forward for the EU Court of Justice? Finally, given recent developments at the international level, notably the request for an Advisory Opinion on Climate Change from the International Court of Justice (ICJ) on obligations of States to protect the rights of present and future generations against the adverse effects of climate change, should the Union’s approach refocus on the intergenerational rights and draw inspiration from some national Constitutional Courts? In this context, we would like to explore whether the EU Charter of Fundamental Rights could encompass intergenerational rights and what is the impact of a possible intergenerational perspective on the enjoyment of other fundamental rights. Is a fundamental right to climate protection in EU law a viable legal concept?
II. Towards Nature’s Rights in the EU legal order and beyond
In this comparative law panel we would like to discuss Nature’s rights as a complex and inspiring trend which is liable to affect the EU legal order given its substantive and philosophical dimensions.
In the context of the Union’s legal order, a key aspect pertains to the relationship between between rights of nature and existing EU environmental law. Could we consider that protective EU legislation combined with the pro-ecological case-law of the EU Court of Justice in relation to the environmental legislation and principles embody Nature’s rights in EU law at the current stage? We would like to explore both recent developments in some EU Member States and other jurisdictions which have recognised some types of legal rights to nature and compare them with the existing EU legal toolbox. Would a Mar Menor example in Spain combined with precedents of Colombia, Ecuador, New Zealand, India be a right way forward for the Union? Given ground-breaking judicial precedents, such as Bialowieza forest case, would conferring legal rights to the forest complex areas or ecosystems under EU law provide for a more responsive and dynamic legal protection instruments and avoid their irreversible destruction? More globally, would a concept of an “ecocide” make any difference in the EU legal order?
III. Remedies in EU law – role of the EU and national Courts
In this final, litigation related panel, we would like to explore classical and new instruments of legal protection which aim directly or indirectly at protecting fundamental environmental rights both from an anthropocentric and ecocentric perspectives. As illustrated by the case-law, national courts and the preliminary ruling procedure remain a key component of judicial protection in the area of environment and climate. In this context civil society and climate change litigation before the national courts has substantively changed the way environmental ambition and climate related rights and expectations are construed. We would like to discuss recent judicial developments, challenges and limits of the preliminary ruling procedure through the prism of fundamental rights and nature’s rights protection. Also, notwithstanding an unsuccessful attempt of the climate litigation before the EU Courts illustrated by the Carvalho case, we would like to explore how to incorporate climate and intergenerational considerations within both preliminary ruling procedure as well as direct actions. Secondly, a new trend illustrated by the use of interim measures both in the field of inter-State litigation and in classical infringement procedures, demonstrates a need of reactive, emergency measures to protect nature in the EU legal order. Should the Union further consolidate a concept of EU emergency law and related remedies in the field of environmental law and devote thus a special legal regime to nature? Finally, individuals and civil society organisations have the right to request an administrative review of legal acts adopted by an EU institution or body, in accordance with the provisions of the Aarhus regulation. What are the recent (judicial) developments in this area and could they be viewed as an adequate and sufficient form of a legal protection of fundamental, environmental rights? Has the review procedure under Aarhus regulation affected the way the EU institutions act so far?
We are looking forward to seeing you all in Kraków!!!!!
Your SustEULaw team