Nicholas Institute for Environmental Policy Solutions

Dörte Fouquet: Pathways of climate litigation and access to justice in environmental matters in the EU and some Member States

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Dörte Fouquet is Partner at Becker Buettner Held Law Firm. She is a recognized international expert in the areas of energy, environmental and competition law with extensive practice in the EU as she heads her firm’s Brussels team since 2011. In her presentation, Ms. Fouquet provided an overview of prominent European cases, focusing on the issue of admissibility. She notably argued that if the European Court of Justice upheld its narrow concept of standing for individuals and stakeholders in the appealed People’s Climate Case, it would become a ‘dead end jurisdiction’ for climate litigation. By contrast, in Germany she noted that in the ongoing climate lawsuit brought by plaintiffs from Germany, Bangladesh and Nepal against the German Federal government, the German Constitutional Court had launched a rare wide consultation before ruling on the case. Combined with recent jurisprudence on rights-based environmental claims, she argued that it indicated an openness and the possibility of a ruling going in the same direction as the Urgenda decision.

Dörte Fouquet是Becker Buettner Held律师事务所的合伙人。她是公认的能源、环境和竞争法领域的国际专家,并自2011年起担任该事务所布鲁塞尔团队的负责人,在欧盟有广泛的实践经历。Fouquet女士在发言中分享了欧洲的气候诉讼案例,并重点关注案件的可受理性问题。她特别指出,如果欧洲法院在 "人民气候案 "的上诉中坚持其狭隘的个人和利益相关者的诉讼资格概念,那么它将成为气候诉讼的 "死胡同"。相比之下,在来自德国、孟加拉国和尼泊尔的原告对德国联邦政府正在提起的气候诉讼中,德国宪法法院在对该案进行裁决前,罕见地展开了广泛的咨询。她认为,结合最近关于基于权利的环境索赔的判例,这表明了一种开放的态度,并表明了作出与Urgenda案相同裁决的可能性。

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环境问题中的气候诉讼与诉讼途径:以欧盟及其成员国为例