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The Climate Litigation Database

Community Law and Mediation Centre and others v. Ireland

Geography
Year
2024
Document Type
Litigation

About this cases

Filing year
2024
Status
Pending
Court/admin entity
IrelandHigh Court of Ireland
Case category
Suits against governmentsHuman RightsYouth/Children
Principal law
European UnionPrimary LawCharter of Fundamental Rights of the EUEU Charter on Human RightsIrelandClimate Action and Low Carbon Development Act 2015
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.

Documents

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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.