Important decision
The Constitutional Court rejected a complaint by the Climate Action Czech Republic, which accused four ministries of inaction in the fight against climate change. However, according to the court, there is no legal obligation that the ministries have violated. But climate litigation does not end there – the door to it remains open.
When the Czech Republic commits to reducing greenhouse gas emissions, but the relevant ministries are “resting on their laurels”, according to some members of the public, it can look like a clear case for a court case. This was the motivation of the Climate Action CR and several other complainants who sought to protect their rights through the so-called interference action. They claimed that the inaction of the ministries of environment, industry, agriculture and transport violated their right to a favourable environment.
However,the Constitutional Court disagreed with this view. In a ruling on 5 November, it stated that the ministries have no legal obligation to take specific mitigation measures, i.e. steps to reduce emissions. And in the absence of a specific obligation, it is not possible to seek compliance in court. In other words, without the law, it cannot be done. Obligations are to be imposed by Parliament, not by the courts, and ministries cannot “invent” them themselves.
The court did not shy away from fundamental issues. It identified climate change as an urgent problem that requires an active response. However, it pointed out that the type of action chosen – that is, an administrative action for intervention – is not suitable for the enforcement of general climate policy. In his view, the complainants could have chosen a different legal strategy, such as private law actions or other legal instruments.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
