The European Court of Human Rights is set to release its opinion in a groundbreaking climate case on April 9, where plaintiffs are seeking to hold European Union member states accountable for the impacts of climate change. The case, Duarte Agostinho and Others v. Portugal and 32 Others, was brought by six Portuguese nationals who allege that the signatory states to the Paris Agreement failed to comply with their commitments to limit the impacts of climate change.
The Paris Agreement, adopted in 2015, set a goal to limit global warming to 1.5° C by reducing greenhouse gas emissions and reaching net zero by 2050. While the agreement is legally binding, the enforcement of these obligations has yet to be truly tested. The plaintiffs in the Agostinho case are using the European Convention on Human Rights to enforce the Paris Agreement, pointing to several articles that address human rights, the right to life, prohibition of ill-treatment, right to respect for private and family life, and prohibition of discrimination.
In March 2023, the United Nations General Assembly requested an advisory opinion from the International Court of Justice on the legal obligations of countries in preventing climate change. This non-binding opinion, expected in 2025, will provide guidance on how future climate-related litigation may be interpreted. The outcome of the Agostinho case, along with another case involving France, Carême v. France, could set a precedent for future climate litigation in the EU and internationally.
While the plaintiffs in the Agostinho case hope to force governments to take more action to prevent climate change, the likelihood of success is uncertain. Similar cases in other jurisdictions have not always been successful, as proving liability for climate change without specific legislation can be challenging. The outcome of the case, regardless of the ruling, will have a significant impact on future climate-related litigation in the European Union and beyond.
The 33 states implicated in the case include Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Spain, Estonia, Finland, United Kingdom, Greece, Croatia, Hungary, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovakia, Slovenia, Sweden, Turkey, and Ukraine. The ruling of the European Court of Human Rights in the Agostinho case, along with the parallel case in France, may shape the legal landscape regarding climate change accountability for years to come.
