Regional Climate Plan – North

The Plaintiff claims that the CCDR Norte failed to fulfill its legal obligation to prepare the Regional Climate Action Plan (PRAC) and did not undertake any public consultation or participatory measures. Law No. 98/2021 (the Portuguese Climate Law) requires these regional entities to prepare these plans within 24 months of the law’s entry into force (1 February 2022), i.e., by February 2024, which was not met. The Court acknowledged that there was a breach of the legal duty to develop the PRAC, but clarified that the plan does not constitute an administrative act, as it is general and abstract, nor is it an administrative regulation, since it lacks normative character. However, it was considered a means for horizontal and vertical coordination of climate strategies and a legal obligation assigned to the Administration, which was breached. The Plaintiff also requested that the Court ordered CCDR Norte to take specific actions. The Court, citing the separation of powers doctrine, ruled that it cannot dictate how the administration should conduct these procedures. Nevertheless, the Court found the administrative action justified and ordered the defendant to take the necessary steps to prepare the Regional Climate Action Plan.