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Greenpeace v. Spain II - decision

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Greenpeace v. Spain II - complaint

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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 <a href="https://climatecasechart.com/non-us-case/greenpeace-v-spain/">similar case</a> 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).



Greenpeace v. Spain II

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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

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

Greenpeace v. Spain II - decision

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