The status of climate protection case law

Details
Published: December 6, 2023
Former Federal Constitutional Judge, Prof. Dr. Gabriele Britz, speaking about the climate decision of the Federal Constitutional Court on 24 March 2021.
Former Federal Constitutional Judge, Prof. Dr. Gabriele Britz, speaking about the climate decision of the Federal Constitutional Court on 24 March 2021.
Montenegro

Montenegro is characterised by so much natural beauty, which is also its tourist capital, and the country defines itself as an ecological state pursuant to Article 1 of its constitution. However, numerous large-scale projects have sparked heavy criticism both at home and abroad. Montenegrin law (also) faces major challenges in this tense situation, particularly in our era of increasingly stark climate change.

Particular attention must be paid to the standards of internationally developed climate protection case law, including the recent decision of the Federal Constitutional Court.

These considerations urged the Montenegrin Lawyers' Association and the IRZ to organise the event “Climate protection case law and human rights” on 9 November 2023 in the Montenegrin capital, Podgorica, within the framework of the “Jus forum” series of events.

The event was opened by the German Ambassador, Thomas Felten, the Chairman of the Montenegrin Lawyers' Association, Prof. Dr. Branislav Radulović, and the responsible IRZ Project Area Manager, lawyer Dr. Stefan Pürner.

Former Federal Constitutional Judge, Prof. Dr. Gabriele Britz spoke about the climate decision of the Federal Constitutional Court of 24 March 2021, where she herself was a rapporteur. Prof. Dr. Maja Kostić-Mandić reported on the Urgenda ruling and on the most recent climate cases that had been brought before the European Court of Human Rights, and gave an overview of the relevant case law from other courts.

A lively discussion with the audience consisting of researchers, students, members of the judiciary and representatives of non-governmental organisations then followed, which also included some criticism of various processes in Montenegro.

The importance of this event was highlighted by the participation in the event of the President of the Constitutional Court, Budimir Šćepanović, and the Vice-President of this court, Desanka Lopičič. 

The IRZ strives to align its measures with sustainability. The participants therefore received a summary of the Karlsruhe climate protection decision in their own language.

Various Montenegrin press reports are available here:

https://www.vijesti.me/vijesti/drustvo/681171/pravni-mehanizmi-od-izuzetnog-znacaj-za-ocuvanje-prirode

https://www.dan.co.me/vijesti/drustvo/okrugli-sto-udruzenja-pravnika-i-irz-a-klimatski-sudski-postupci-i-ljudska-prava-5207394

https://www.cdm.me/drustvo/udruzenje-pravnika-sjutra-organizuje-okrugli-sto-na-temu-klimatski-sudski-postupci-i-ljudska-prava/