The climate crisis and the separation of powers in the EU. What role for the Court of Justice?

Pantaleo, Luca

2024-01-01

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Abstract

This paper examines the intersection of strategic climate litigation and the separation of powers within the European Union. By examining key cases and the specific characteristics of the EU legal order, it argues that the judicialisation of climate policies at the EU level will not be at odds with the Union’s peculiar configuration of the separation of powers. The study suggests that the ECJ should enhance judicial oversight in EU climate policy and take a more proactive posture in the field of climate change.