Protecting Rights in Climate Change Litigation before European Courts

This article examines the scope for holding States to account for their failure to tackle dangerous climate change by bringing cases before regional European courts. We examine recent developments that demonstrate the difficulties faced by lawyers and activists when pursuing climate change related claims before the Court of Justice of the European Union. We then turn to consider cases filed before the European Court of Human Rights, the hurdles they are likely to face and the comparatively better prospect that this Court will grapple with the merits of a rights-based climate complaint.