Spain's Constitutional Court to Hear Landmark Climate Case
The Constitutional Court of Spain has agreed to examine an amparo appeal filed last June by a coalition of environmental organizations, including Ecologists in Action, Greenpeace, Oxfam Intermón, Fridays For Future, and the Coordinating Organization for Development. This marks the first significant climate litigation against the Spanish government regarding its inaction on climate change. The court's decision to consider the appeal is noteworthy; it recognizes the case's special constitutional significance by highlighting its implications on fundamental rights—a matter not yet addressed by the court's existing doctrine.
The judges presiding over this case include Ramón Sáez and María Luisa Balaguer, who are part of the court's progressive majority, alongside Enrique Arnaldo from the conservative minority. Despite the ideological differences, the decision to accept the appeal was unanimous, reflecting the gravity of the issues at stake.
Sources from the Constitutional Court have underscored the importance of this ruling, stating that the appeal emphasizes the necessity to safeguard rights that are compromised due to the repercussions of climate change. The legal battle began in September 2020 when various environmental groups filed a motion against the Spanish government in the Supreme Court, accusing it of not fulfilling its climate obligations, specifically the commitments outlined in the Paris Agreement aimed at reducing greenhouse gas emissions.
The Third Chamber of Administrative Litigation of the Supreme Court accepted the appeal, leading these organizations to file an administrative litigation demand in December 2020. However, the Supreme Court rejected subsequent appeals against the National Integrated Energy and Climate Plan (PNIEC) for the years 2021-2030 in July 2023. Notably, out of 11,415 appeals submitted, only 87 were admitted by the Constitutional Court, accounting for a mere 0.76 percent, indicating the rarity of such environmental legal proceedings being taken seriously.
Regardless of the outcome, environmental groups see the Constitutional Court's acceptance of this case as a small victory. Inés Díez, head of the legal area at Greenpeace, expressed optimism following the court's decision, stating, 'A crucial step has been taken in the process. This will mean that for the first time our Constitutional Court will rule on how climate change affects the fundamental rights of individuals.'
As the court prepares to hear this landmark case, there is heightened anticipation regarding its implications not only for Spain's environmental policy but also for the protection of individual rights in the context of a changing climate.
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