The Belgian Climate Case. Navigating the Tensions Between Climate Justice and Separation of Powers

Petel, Matthias;Vander Putten, Norman
(2023)

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On November 30, the Brussels Court of Appeal rendered a landmark decision in the climate case brought by “Klimaatzaak” (“climate case” in Dutch) against Belgian public authorities (the federal and the three regional governments). In this decision, the court found the federal authority and the Brussels and Flemish regions’ climate action to be in violation of Articles 2 and 8 of the ECHR and of their duty of care, and imposed a minimal GHG reduction target to be reached by Belgian authorities for the future. In this blogpost, we examine how the decision makes it clear that the climate justice movement is now confronted with the tension between the legally required and the ethically desirable parameters of climate effort distribution.
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Petel, M., & Vander Putten, N. (2023). The Belgian Climate Case. Navigating the Tensions Between Climate Justice and Separation of Powers (Verfassungsblog 5/12/2023).