THE CONSTITUTIONAL COURT DISMISSED THE CONSTITUTIONAL COMPLAINT FILED BY THE CLIMATE ACTION ASSOCIATION AND OTHERS
The Constitutional Court dismissed the constitutional complaint filed by the Climate Action Association and others. The complainants chose to pursue their goal through an action for intervention under the Administrative Procedure Code. However, the defendant ministries of the environment, industry and trade, agriculture, and transport did not violate the complainants‘ right to a favorable environment in the manner specified in the complaint. The ministries were not the originators of the interference with fundamental rights defined by the complainants. In order to significantly reduce greenhouse gas emissions and achieve climate neutrality in the Czech Republic within approximately three decades, it is necessary to impose obligations on individuals through legislation. No such legislation exists yet, and neither the constitutional order, nor EU law or regulations impose an obligation on ministries to establish mitigation measures. The administrative courts therefore did not err in dismissing the action for intervention. The Constitutional Court ruled in plenary session because it considered the issue of the impact of climate change on fundamental rights to be serious and important for society as a whole. Its ruling did not close the door to further climate lawsuits in the field of public or private law in the future.
Redakce
Redakce časopisu České právo životního prostředí.
