Environmental Justice Network Ireland v. Ireland

On November 7, 2024, a coalition of European non-governmental organizations (NGOs) formally submitted coordinated complaints to the European Commission,* seeking the initiation of infringement proceedings against France, Germany, Ireland, Italy, and Sweden for alleged violations of their legal obligations under European Union (EU) law concerning their National Energy and Climate Plans (NECPs). These complaints are supported by evidence demonstrating that the NECPs of the aforementioned Member States are insufficient and fail to comply with the EU’s binding climate and energy targets. The NGOs contend that these plans lack adequate and effective measures to transform the stated commitments into tangible outcomes and fail to incorporate meaningful public participation in developing socially equitable policies. Despite the deadline for submission of NECPs having passed on June 30, 2024, only 14 Member States have complied, and the coalition asserts that these delays and deficiencies undermine the EU’s overarching climate objectives and the principle of a just transition for its citizens. The complaint against Ireland, submitted by the Environmental Justice Network Ireland (EJNI), alleges extensive non-compliance with the EU laws in the state’s updated NECP. EJNI specifically highlights the NECP’s failure to set clear pathways for phasing out fossil fuel subsidies. EJNI contends that the NECP fails to provide adequate timelines or strategies for eliminating these subsidies as outlined in the EU’s Governance Regulation. EJNI also references the NECP’s failure to outline sufficient policies and measures necessary for achieving Ireland’s 2030 Effort Sharing targets, as well as its Land Use, Land Use Change, and Forestry targets, both failing to comply with the EU’s Governance Regulation.  Within its complaint, EJNI contends that the NECP’s lack of a nationwide strategy for ensuring a just transition is non-compliant with the EU's Governance Regulation, as it fails to include a comprehensive nationwide approach to addressing the socio-economic impacts of the climate and energy transition. Furthermore, EJNI argues that the updated NECP lacks a sufficient assessment of energy poverty in Ireland, failing to consider the “essential domestic energy services needed to maintain basic living standards in the national context” and the European Commission’s guidance on energy poverty indicators. EJNI asserts that the insufficient information on energy poverty is an area of non-compliance with the EU’s Governance Regulation.  Additionally, EJNI contends that the state’s NECP included inadequate public participation, as outlined in the EU’s Governance Regulation and Aarhus Convention. EJNI states that Ireland did not include early, effective public input or reasonable timeframes for participation. The organization also outlines a misalignment between Ireland’s long-term and short-term climate planning strategies.  *Pursuant to EU law, the European Commission is mandated to ensure that Member States fulfill their legal obligations. Should the Commission determine that a Member State is in breach, it may initiate formal infringement proceedings to bring national legislation and practices into compliance with EU law. The Commission has 12 months to respond to these complaints.