judgment

Klimatická žaloba ČR v. Czech Republic - judgment

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Klimatická žaloba ČR v. Czech Republic - complaint

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Klimatická žaloba ČR v. Czech Republic - decision

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Klimatická žaloba ČR v. Czech Republic - appeal

Filing Year For Action

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. 

The Czech Constitutional Court dismissed the constitutional complaint on November 5, 2025.

Klimatická žaloba ČR v. Czech Republic

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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 long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

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

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Actions or measures to adapt terrestrial systems to climate change.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities that relate to the production of goods and services from forests.

Actions or measures to adapt freshwater systems to climate change.

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

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

woman and genders outside of the gender binary

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

This sector involves activities to move goods and people, alongside the storage of products.

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

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Klimatická žaloba ČR v. Czech Republic - judgment

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance