The European Court of Human Rights established the interpretative doctrine of margin of appreciation to support the subsidiarity principle underlying the whole system of the Council of Europe. Despite not being well accepted by theorists, the doctrine has found its way into many rights enshrined in the European Convention on Human Rights. This article analyzes how the Court applies the margin of appreciation in environment-related cases, based on Article 8 of the Convention. The objective is to uncover how the wide margin of appreciation granted to States in environmental matters impacts on the environment. In that regard, the methods of the Court in hearing environmental cases and their results are examined. Special attention is paid to how the Court balances the competing interests within the fair balance assessment and how it evaluates whether the respondent State exceeded the margin of appreciation.
In June 2022, a Czech climate lawsuit, Klimatická žaloba ČR, z. s. and Others v. Government of the Czech Republic and Others was decided by a first-instance court. The litigation was led against the Czech state for insufficient climate mitigation and adaptation effort. The Municipal Court in Prague largely upheld the plaintiffs’ claim that the Czech mitigation measures adopted to date were contrary to the Paris Agreement; and it found that the country must substantially strengthen its reduction rate of greenhouse gas emissions. This result—the first of its kind in the Czech Republic—was a surprise to many in a country whose courts have been conservative in environmental matters. The judgment fits in well with current trends in climate litigation and follows the arguments of landmark climate cases such as Urgenda. This article provides a summary of the lawsuit and analyses two of the most important parts of the judgment: the court’s reasoning on the state’s obligation to reduce greenhouse gas emissions and its ‘climatic’ interpretation of the fundamental right to a favourable environment, as guaranteed by the Czech Constitution.
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