Fundamental Rights and Climate Change

For a long time, the core of legal discussions and practices has been centered around the general idea of environmental rights as tools to uphold the human right to a healthy and sustainable environment. Although there's a clear connection between human rights and climate change, highlighted by the rise in climate change lawsuits globally, this particular monograph shifts its focus to the increasing influence of potential fundamental rights, specifically sectoral ones, and the specific remedies available within the EU's legal framework, especially in the absence of an explicit fundamental right to a healthy environment in EU legislation. Within the context of the European Green Deal and its bold objective of achieving climate neutrality by 2050, the book mirrors the sustainability-based approach and its boundaries. Authors examine two linked aspects: firstly, they delve into the procedural aspect by examining climate litigation, the scope of human environmental rights, state accountability for damages to individuals due to EU law breaches, national solutions for environmental degradation, and the challenges of public interest litigation alongside issues in climate claims against private entities under national laws. Secondly, they discuss the substantive elements from a global angle, looking into issues such as food insecurity, soil health and resilience, as well as digitalization, the development of green skills, and migration prompted by climate change. The book, enriched by insights from well-respected experts, underscores the ongoing tensions and hopes within the EU's legal context. It is a crucial resource for legal professionals, policymakers, scholars, and law students, offering an in-depth analysis of how sustainability, climate initiatives, and the defense of fundamental rights converge in EU law.