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Bogojević, Sanja --- "EU climate change litigation: all quiet on the Luxembourgian front?" [2015] ELECD 207; in Van Calster, Geert; Vandenberghe, Wim; Reins, Leonie (eds), "Research Handbook on Climate Change Mitigation Law" (Edward Elgar Publishing, 2015) 543

Book Title: Research Handbook on Climate Change Mitigation Law

Editor(s): Van Calster, Geert; Vandenberghe, Wim; Reins, Leonie

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849803809

Section: Chapter 26

Section Title: EU climate change litigation: all quiet on the Luxembourgian front?

Author(s): Bogojević, Sanja

Number of pages: 17

Abstract/Description:

This chapter demonstrates that EU climate change litigation is concerned with questions about ‘who’ decides the construction and the implementation of EU climate change law, ‘who’ can challenge these legal acts, and before ‘which’ court (between the EU and the national courts) this is adjudicated. The driving force behind these competence-related issues is the EU legal doctrine concerning jurisdictional matters, and primarily the subsidiarity principle. This shows that to understand EU climate change litigation, careful attention needs to be paid to the constitutional law setting in which it is carried out.