INTRODUCTION
Climate litigation is booming worldwide. Belgium is no exception to that trend. In the latest development, on 30 November 2023, at the start of COP 28, the Brussels Court of Appeal delivered its long-awaited ruling in the climate case (Klimaatzaak/Affaire climat), the Belgian counterpart to the well-known Dutch Urgenda case. the Belgian ruling is long and detailed and partially confirms the first instance decision from June 2021: the Belgian federal and regional governments – with the exception of the Walloon Region – have breached Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR) to which Belgium is a party, as a result of their failure to take the necessary measures to mitigate their greenhouse gas emissions appropriately. For similar reasons, these authorities are also extra-contractually liable under Articles 1382 and 1383 of the former Belgian Civil Code …
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Emmanuel Slautsky, Climate litigation, separation of powers and federalism à la belge: a commentary of the Belgian climate case (Cour d’appel de Bruxelles 30 November 2023, Klimaatzaak and others v the Belgian State, Wallonia, Flanders and the Brussels Region), European Constitutional Law Review. Published online by Cambridge University Press: 29 October 2024.
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