Greenpeace v. Spain II

On May 28, 2021, Greenpeace Spain, Oxfam Intermón, Ecologistas en Acción, and Coordinadora de ONG para el Desarrollo filed suit alleging that the Government of Spain's climate plan was insufficient to meet Paris Agreement goals and the 1.5C temperature target. In March 2021, Spain approved the National Energy and Climate Plan 2021-2030. Plaintiff NGOs challenged the plan on the grounds that it was not ambitious enough to meet the Paris Agreement's temperature goals and did not uphold public participation guarantees required for an adequate environmental assessment. The case was filed by most of the same plaintiffs as those in a similar case also challenging the National Energy and Climate Plan. On July 1, 2021, the Supreme Court admitted the case. After the decision n. 1079/2023 of the Spanish Supreme Court rejecting Greenpeace and others’ claims, the claimants filed a constitutional appeal before the Spanish Supreme Court on the grounds that the Spanish Supreme Court did not duly examine the alleged violations of human rights due to climate change. Considering the Verein Klimasenniorinnen Schweiz v. Switzerland case, the claimants argue that the Spain's climate plan violates Articles 2 and 8 ECHR, and that the Spanish Supreme Court should have reviewed its compatibility with the protection of human rights. Furthermore, they note that the Spanish Supreme Court did not examine the alleged violations due to the separation of powers principle. Moreover, they state that the lack of duly review by the Supreme Court decision of the alleged human rights violations, constitutes a violation of Article 24 Spanish Constitution (right to a fair trial).