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Environmental Justice Network Ireland v. Ireland - press release

Filing Year For Action

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.


Environmental Justice Network Ireland v. Ireland

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Removing subsidies can help reduce costs, better align economic incentives with environmental goals, and promote equity. This can mitigate environmental harm and discourage harmful behaviour. However, it may also end support for renewable energy development or negatively impact communities, households, and businesses.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

woman and genders outside of the gender binary

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Environmental Justice Network Ireland v. Ireland - press release

Target

Policy instrument

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector