Case Law Database
Community Law and Mediation Centre and others v. Ireland
Date of Application: | Mon, 09 Sep 2024 |
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Decision Making Body: | High Court of Ireland |
Law Applied: | Climate Action and Low Carbon Development Act 2015 EU Charter of Fundamental Rights |
Keywords: | Declaration, Climate Action Plan, International standards |
Community Law and Mediation Centre and others v. Ireland
At Issue: Whether Ireland's current climate action plans are inadequate such that they constitute a violation of domestic climate law and European Court of Human Rights law.
Summary:
Community Law and Mediation Centre (CLM), a public interest NGO based in Ireland, and three other plaintiffs (a grandfather, a toddler, and a youth climate activist) are seeking a declaration from the Court that the Government's Climate Action Plan 2024 (CAP24), the instrument by which the Government sets out the roadmap for meeting Ireland’s legally binding carbon budget, fails to meet the legal standards set by the Climate and Low Carbon Development Act 2015 and so undermines the State’s efforts at effective climate action in line with Ireland’s legal obligations; and that CAP24 is not in compliance with the first carbon budget or the carbon budget programme and was prepared, submitted and approved in breach of the 2015 Act. In addition, they argue that CAP24 violates the fundamental rights of the three individual applicants, marginalized groups that CLM works with, and future generations, as protected by the Constitution of Ireland 1937, the European Convention on Human Rights and the European Union Charter of Fundamental Rights. The case aims to build off the recent European Court of Human Rights Case in Klimaseniorinnen to determine whether Ireland's allegedly insufficient action constitutes a violation of the European Convention on Human Rights.
Specifically, the petition asks whether the Climate Action Plan 2024 (CAP24) is argued to be legally insufficient and non-compliant with Ireland’s carbon budget and climate obligations. Specifically, whether the CAP24:
-Fails to meet legal standards set by the Oireachtas.
-Undermines effective climate action in line with Ireland’s legal obligations.
-Does not comply with the first carbon budget or the carbon budget programme.
-Was prepared, submitted, and approved in breach of the 2015 Act.
-Violates fundamental rights of individuals, marginalized groups, and future generations as protected by various legal frameworks.
The case was granted leave to proceed and will next be heard in early 2025.
Community Law and Mediation Centre and others v. Ireland - Climate Change Litigation
Summary provided courtesy of the Sabin Centre https://climatecasechart.com/
Court filed documents:
No court papers available.
Related CRC articles
- 6. Right to life, survival and development (CRC Article 6)
- 12. Right to express views freely and have these taken into account (CRC Article 12)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
The court papers are not publicly available, but the complainants argue that their fundamental rights are violated.
Cited CRC articles
Involvement of children in hearings
- Not sure
Intergenerational rights
Future generations
Application / complaint:
The complainants allege that the CAP24 violates fundamental rights of individuals, marginalized groups, and future generations as protected by various legal frameworks.
Outcome of decision for the applicants
- Decision pending
Involvement of NGO/law firm in application
Centre for Environmental Justice
Community Law and Mediation Centre (CLM).
Available information on how children got involved in the litigation
Climate and Environmental Casework - Community Law
Age range of litigants
- 0-7
- 18-25
Number of children or youth involved
2