Klimatická žaloba ČR v. Czech Republic

On April 21, 2021, a group of Czech citizens filed a lawsuit against the Czech government for its failure to act on climate change and associated human rights violations. The plaintiffs include the climate action NGO Klimatická žaloba ČR, a municipality (Svatý Jan pod Skalou), and four individuals. The defendants are the Ministry of the Environment, the Ministry of Industry and Trade, the Ministry of Agriculture, the Ministry of Transport, and the Government of the Czech Republic. The plaintiffs alleged that the government, by failing to adequately address climate change, is violating the rights to life, health, and a sustainable environment of Czech citizens, as guaranteed by the Czech constitution, the EU Charter of Fundamental Rights, and the European Convention on Human Rights. The plaintiffs plan to present evidence that the country has a limited carbon budget necessary to meet its constitutional and Paris Agreement obligations and that the government's Climate Protection Policy permits emissions 2.5 times higher than what the carbon budget allows. The plaintiffs seek a court order requiring the government to implement necessary measures to maintain a carbon budget of 800 Mt CO2 from January 2021 until the end of the century and to take essential actions to adapt to climate change. On June 15, 2022, the Prague Municipal Court upheld the lawsuit and ordered the state to urgently take necessary measures to mitigate climate change. The Court ruled that the state’s failure to implement sufficient GHG mitigation measures is unlawful and that the state should refrain from further infringing on the plaintiffs’ rights due to this failure. The court derived the obligation to combat climate change from the Paris Agreement and the EU Climate Law, which sets a target to reduce GHG emissions by 55% by 2030 compared to 1990 levels, as the Czech Republic currently lacks a dedicated climate act. State authorities are required to develop a plan with precise and complete measures to reach this goal, which has yet to be established. While the Court concluded that the objectives of the Paris Agreement, regarding keeping the increase in global temperatures below 2°C, are not legally binding, the Czech Republic's national contribution cannot be overlooked. Neglecting these climate goals would jeopardize the plaintiffs' constitutionally guaranteed rights. The court further noted that the government cannot absolve itself of its climate responsibilities simply by pointing out its minor contribution to climate change. Regarding remedies, the Court urged the defendants (Ministry of the Environment, Ministry of Industry and Trade, Ministry of Agriculture, and Ministry of Transport) to implement additional measures aimed at achieving a 55% reduction in GHG emissions by 2030, as the measures outlined in the Climate Protection Policy of the Czech Republic are inadequate to meet the emission reduction target established by the EU. Specifically, the state must take necessary actions to decrease GHG emissions in the sectors of energy, transport, and forestry within six months. However, the adaptation claims put forth by the plaintiffs were rejected since the state is preparing a new adaptation plan and is actively executing certain measures. The Ministry of the Environment appealed on legal grounds to the Supreme Administrative Court of the Czech Republic. On February 20, 2023, the Supreme Administrative Court overturned the decision made by the Prague Municipal Court and sent the case back to the lower court (the Prague Municipal Court). The primary reason for reversing the initial decision is the collective obligation of the EU to reduce its GHG emissions by 55% by 2030, along with the ongoing legislative and political negotiations regarding the specific distribution of these obligations among Member States. In particular, the Supreme Administrative Court found that the Municipal Court did not adequately justify its order for the 55% target by 2030. The Supreme Administrative Court also noted that the plaintiffs must further clarify the specific areas in which the defendants’ alleged inaction violated their obligations, which directly impact the applicants’ rights. The Prague Municipal Court held a public hearing on October 25, 2023, and then dismissed the case. The plaintiffs appealed to the Supreme Administrative Court, which confirmed its earlier opinion and dismissed the case in November 2024. On February 5, 2025, the plaintiffs filed an appeal to the Czech Constitutional Court, arguing that the continued inactivity of ministries constitutes an infringement on the fundamental human rights of the inhabitants of the Czech Republic. They ask the Constitutional Court to annul the previous judgments of the administrative courts and order them to reconsider their decisions with regard to the protection of the human rights of Czech citizens.