Climate litigation in Spain – Analysis of the case initiated in 2020 by ecologistas en acción, Greenpeace and Oxfam Intermón before the Supreme Court against the Government for climate inaction in light of the international context

Abstract

This paper studies the climate lawsuit filed in Spain by Greenpeace and others against the Government for climate inaction, analyzing the arguments put forward by the plaintiffs and by the State Attorney, together with the best doctrine and in the context of other disputes developed in other parts of the world, especially in European countries. In particular, main grey areas that arise both in the case under analysis and in other similar cases substantiated before foreign courts are studied: i) the question of active legitimation (standing ); ii) the degree of control over the regulatory inactivity of the government by Judges and Courts; iii) the responsibility for non-compliance with the international commitments assumed by the State regarding the environment and its interconnection with the protection of human rights and the fundamental rights of citizens; iv) the consideration of future generations; v) the growing and relevant role of science in this type of litigation.