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.

Regional Climate Plan – North

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Regional Climate Plan – North - judgment

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

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

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt human health, healthcare systems and well-being to climate change.

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

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.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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

Regional Climate Plan – North - judgment

Policy instrument

Economic sector

Adaptation/resilience

Finance