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https://climatelitigationnetwork.org/
The Climate Litigation Network works with local partners to bring ground-breaking litigation to compel national governments to adopt ambitious climate plans.
Overview
European Union (‘EU’) Member States are required under EU law to adopt and implement National
Energy and Climate Plans (‘NECPs’). NECPs are the “central strategic planning tool”
1
in which
Member States must delineate how they will contribute to the implementation of the EU’s long-term
climate and energy objectives, including to a net 55% reduction in greenhouse gas emissions by 2030
(compared to 1990 levels).2
As required by EU law, the NECPs are currently being revised to “ensure a consistent approach
between energy and climate policies and coordinated action across Member States”.
3 The ongoing
revision process – where Member States are expected to increase their ambition, strengthen their
planning, and define concrete mitigation pathways – is the last time that EU Member States are
required under EU law to update their plans relating to the 2020-2030 period. A such, this is a crucial
opportunity to ensure that the EU can collectively achieve its long-term targets, particularly in light
of the EU’s international commitments under the Paris Agreement and the need to keep the 1.5°C
threshold within reach.
The Climate Litigation Network (‘CLN’) has undertaken a benchmarking assessment of Member
States’ draft updated NECPs,
4 based on data from Member States and the European Commission.
This assessment, conducted on the basis of a selected list of ‘legal indicators’,5 shows that none of
the Member States’ NECPs are fully consistent with legal requirements and expectations under EU
law6 on issues including: renewable energy; energy efficiency; land use, land use change and forestry
(LULUCF); and overall emission reduction targets covering sectors outside of the EU Emissions
Trading System. The draft NECPs also reveal a widespread lack of transparency in respect of the
phaseout of fossil fuel subsidies.
These failures risk jeopardising the implementation of Europe’s long-term climate mitigation efforts
and may further delay the achievement of the EU’s binding 2050 climate neutrality objective. If the
EU fails to achieve its climate goals, this will have grave implications for the world’s collective ability
to limit global temperature rise to 1.5°C, with significant repercussions on the enjoyment of human
rights and fundamental freedoms in Europe and beyond.
Member States still have an opportunity to correct these deficiencies in the final version of their
NECPs, due 30th June 2024.7 A failure to correct shortcomings in time may render Member States’
final NECPs incompatible with legal obligations and expectations under EU law, giving rise to the
potential for infringement proceedings by the European Commission (‘Commission’) or domestic legal
challenges.
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