Klimatická žaloba – co dál ? (Climate action – what’s next?) – training workshops/round table discussions organised by the Masaryk University in various locations: Faculty of Law, Brno, Czech Republic, Faculty of Social Sciences, Brno, Czech Republic and Faculty of Law, Olomouc, Czech Republic
A series of trainings and workshops has been conducted for the Czech university students, with the aim to deepen knowledge and practical skills on climate change and climate claims, as well as build civic attitudes by activating young people.
To attract a wide group of university students, the content of each individual event was slightly different. Some of them were self-standing, two were a part of a summer school. Each event reflected the recent climate disputes and discussion concerning the State and EU Climate Policy.
Each event covered a short introduction including:
1) description of the ongoing climate changes and their significance for humans;
2) description of activities influencing climate change (on a micro and macro scale);
3) a description of actions that may or should be undertaken by the public authority in order to limit climate change;
4) explanation of basic legal concepts, such as: personal rights, claims, damages, the right to a court, the right to live in a clean environment, public authorities, etc .;
5) explaining what claims and in what circumstances citizens may have against a public authority that neglects the issues of climate change;
6) indication of other social and legal activities that may be undertaken by young people in order to put pressure on the public authorities in order to take actions aimed at the protection of the natural environment.
Climate litigation was given particular attention. The students could exercise putting forward legal arguments and formulate a statement of claim to the court. Furthermore, they analysed climate acts in various Member States and discussed the possible draft of the Czech Climate Act.
Information on individual events has been continually updated and published on-line:
http://envi.law.muni.cz/content/cs/letni-skola/2023/
Materials have been prepared for students. For each event, two key documents have been printed :
- The summary of the key climate requirements applicable to the situation in the Czech Republic (updated 2024) : https://www.law.muni.cz/dokumenty/62971
- Judgement of the Supreme Administrative Court of the Czech Republic of 20 February 2023, No. 9 As 116/2022-166 Klimatická žaloba ČR Summary – unofficial summary of the Court decision : https://www.law.muni.cz/dokumenty/62964
EVENT 1 (Brno, 28 February 2023)
Klimatická žaloba – co dál ? (Climate action – what’s next?)
training workshop/round table discussion
28 February 2023 (Masaryk University)
Duration: 4 hours
The event was designed as part round table discussion to introduce the relevant topics, part interactive training workshop. Its aim was to introduce participants to general trends in climate law and then to address measures taken in sub-areas, particularly in the transport and energy sectors. Part of the programme was also devoted to the drafting of climate laws. In particular, the discussion part focused on access to judicial protection and the recent judgment of the Czech Supreme Administrative Court of 20 February 2023, No. 9 As 116/2022-166, in Klimatická žaloba Case. The Court overturned and partially annulled the judgment of the Prague Municipal Court and referred the case back to the first instance court. According to the Court, the collective commitment to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 levels, which the EU adopted in 2020 pursuant to Article 4(16) of the Paris Agreement, does not imply an individual commitment by the Czech Republic in the same amount. The specific distribution of the obligations to Member States is currently still subject to legislative and political negotiations. The Court provided an analysis of the international, EU and domestic law to conclude there is no basis for such precise and far-reaching obligation.
The speakers of the event included representatives or employees (in their personal capacity) of the Ministry of Environment (Daniel Slovák), Klimatická žaloba (Martin Abel), Czech Academy of Sciences (Hana Müllerová), Frank Bold attorneys (Laura Otýpková), Commenius University in Bratislava (Matúš Michalovič) and Masaryk University (Vojtěch Vomáčka, Jiří Vodička, Martin Švec).
46 university students participated in the event and 4 other participants who do not qualify for the project.
EVENT 2 (Olomouc, 4 August 2023)
Duration: 8 hours
The event, a comprehensive day-long component of the Palacký Summer Law School: Human Rights Policy Legal Clinic – ACCESS TO JUSTICE And Climate Litigation, was designed to provide participants with a deep dive into the intricate world of climate litigation. The program, a balanced combination of lectures, practical training, and workshops, offered a holistic approach to understanding the legal complexities and practical challenges associated with environmental and climate-related litigation.
Three distinguished lecturers, Vojtěch Vomáčka from Masaryk University, Max Tomoszek and Veronika Tomoszková from Palacký University, led the course, sharing their expertise and insights with the participants. The primary focus of the event was on access to justice in environmental matters, with a particular emphasis on climate litigation. Participants were immersed in the international and European Union legal frameworks governing this field, gaining a solid foundation in the relevant laws and regulations.
To enhance their practical understanding, students were presented with complex case scenarios and tasked with developing persuasive arguments to establish locus standi. By engaging in these hands-on exercises, participants honed their legal reasoning skills and developed a deeper appreciation for the challenges and strategies involved in climate litigation.
Furthermore, the event delved into the rich jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, examining landmark cases that have shaped the landscape of climate law. By analyzing these decisions, participants gained valuable insights into the judicial approaches and legal principles that underpin climate litigation.
To broaden their understanding and apply their knowledge to a national context, students were encouraged to explore domestic case law, identifying similarities and differences in climate litigation arguments and the outcomes of these cases. Additionally, group work sessions were incorporated to foster collaboration and problem-solving skills. Participants worked together to analyze case studies, determine applicable laws, and develop effective legal strategies.
A total of 14 university students participated in the event, along with three other individuals who did not meet the specific eligibility criteria for the project. The diverse group of participants, representing a range of backgrounds and interests, contributed to a dynamic and enriching learning environment.
EVENT 3 (Brno, 18-19 September 2023)
Duration: 16 hours
The event was designed as a two.day summer school devoted to climate and sustainability topics. Individual lectures were accompanied by practical training and workshops.
PROGRAMME OF THE EVENT:
FIRST DAY :
9:00-10.30 Martin Abel (Climate Action, advisor to the Ministry of the Environment) REPOWER & RESTORE
10:30-12:00 Laura Otýpková (Frank Bold) Community Energy
12:30-14:00 Vojtěch Vomáčka (MU/NSS/ERA) Judicial protection for morons
14:00-15:30 Thomas Alexander (Universität Passau) Climate litigation in Germany – the Federal Constitutional Court’s ruling on climate change in theory and practice
15:30-17:00 Eva Balounová (Czech Academy of Sciences) Climate Laws
SECOND DAY:
9:00-10:20 Luisa Cortat (ERA/Maastricht Uni.) Plastic impacts and international and European governance: focus on climate change and chemicals
10:30-12:00 Iliopoulos Theodoros (University of Haselt) Renewable Energy Directive and Energy Union Governance.
64 university students participated in the event.
EVENT 4 (Brno, 7 November 2023)
Duration: 4 hours
The event was designed as part round table discussion to introduce the relevant topics, part interactive training workshop. Its aim was to introduce participants to general trends in climate law and then to address measures taken in sub-areas, particularly in the transformation from the fossil fuel energy. Part of the programme was also devoted to the drafting of climate laws.
In particular, the discussion part focused on access to judicial protection and the recent judgment of the Czech Supreme Administrative Court of 20 February 2023, No. 9 As 116/2022-166, in Klimatická žaloba Case. The Court overturned and partially annulled the judgment of the Prague Municipal Court and referred the case back to the first instance court. According to the Court, the collective commitment to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 levels, which the EU adopted in 2020 pursuant to Article 4(16) of the Paris Agreement, does not imply an individual commitment by the Czech Republic in the same amount. The specific distribution of the obligations to Member States is currently still subject to legislative and political negotiations. The Court provided an analysis of the international, EU and domestic law to conclude there is no basis for such precise and far-reaching obligation.
The speakers of the event included representatives or employees (in their personal capacity) of Klimatická žaloba (Martin Abel), Czech Academy of Sciences (Eva Balounová) and Masaryk University (Vojtěch Vomáčka).
36 university students from Palacký University participated in the event.
EVENT 5 (Brno, 6 December 2023)
Duration: 4 hours
The event was designed for non-legal students (Faculty of Social Sciences, Masaryk University) as part round table discussion to introduce the relevant topics, part interactive training workshop. Its aim was to introduce participants to general trends in climate law and then to address measures taken in sub-areas, particularly in the transformation from the fossil fuel energy. Part of the programme was also devoted to the drafting of climate laws.
In particular, the discussion part focused on access to judicial protection and the recent judgment of the Czech Supreme Administrative Court of 20 February 2023, No. 9 As 116/2022-166, in Klimatická žaloba Case. The Court overturned and partially annulled the judgment of the Prague Municipal Court and referred the case back to the first instance court. According to the Court, the collective commitment to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 levels, which the EU adopted in 2020 pursuant to Article 4(16) of the Paris Agreement, does not imply an individual commitment by the Czech Republic in the same amount. The specific distribution of the obligations to Member States is currently still subject to legislative and political negotiations. The Court provided an analysis of the international, EU and domestic law to conclude there is no basis for such precise and far-reaching obligation.
The speakers of the event included lecturers from Masaryk University (Vojtěch Vomáčka, Jiří Vodička, Dominik Židek).
30 university students from participated in the event.
EVENT 6 (Brno, 30 April 2024)
Duration: 4 hours
The event was designed for non-legal students (Faculty of Social Sciences, Masaryk University) as part round table discussion to introduce the relevant topics, part interactive training workshop. Its aim was to introduce participants to general trends in climate law and then to address measures taken in sub-areas, particularly in the transformation from the fossil fuel energy. Part of the programme was also devoted to the drafting of climate laws.
In particular, the discussion part focused on access to judicial protection and the recent judgment of the Czech Supreme Administrative Court of 20 February 2023, No. 9 As 116/2022-166, in Klimatická žaloba Case. The Court overturned and partially annulled the judgment of the Prague Municipal Court and referred the case back to the first instance court. According to the Court, the collective commitment to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 levels, which the EU adopted in 2020 pursuant to Article 4(16) of the Paris Agreement, does not imply an individual commitment by the Czech Republic in the same amount. The specific distribution of the obligations to Member States is currently still subject to legislative and political negotiations. The Court provided an analysis of the international, EU and domestic law to conclude there is no basis for such precise and far-reaching obligation.
The speakers of the event included lecturers from Masaryk University (Vojtěch Vomáčka, Jiří Vodička, Dominik Židek).
16 university students from participated in the event.
EVENT 7 (Brno, 15 May 2024)
Duration: 4 hours
The event was designed for legal students (Faculty of Law, Masaryk University) as part round table discussion to introduce the relevant topics, part interactive training workshop. Its aim was to introduce participants to general trends in climate law and then to address measures taken in sub-areas, particularly in the transformation from the fossil fuel energy. Part of the programme was also devoted to the drafting of climate laws.
The main emphasis was on climate protection and sustainable economy, in particular transition from fossil fuel economy and waste management.
Furthermore, the lectures focused on access to justice in environmental matters and climate litigation. The students got familiar with the international and European Union requirements in this field and tried to solve several complex cases and put forward arguments for providing locus standi.
Furthermore, the case law of the Court of Justice of the European Union and the European Court of Human Rights was discussed in detail.
The students were asked to look for national case law and identify similarities and differences in climate litigation arguments and the outcome of the cases. They were also asked to work in groups to solve case studies in order to determine the law applicable.
In particular, the discussion part focused on access to judicial protection and the recent judgment of the European Court of Human Rights in KlimaSeniorinnen v Switzerland Case. The Court found a violation of article 8 (but not 2) of the ECHR. The case against Switzerland is innovative because it relies on and engages with concepts of climate science (see here), and formulates special criteria for victim status and standing in climate cases (more below). KlimaSeniorinnen is a moderate success for the applicants and will be important in future litigation.
The speakers of the event included lecturers from Masaryk University (Vojtěch Vomáčka, Jiří Vodička, Lucie Zdráhalová).
28 university students from participated in the event.
EVENT 8 (Brno, 22 May 2024)
Duration: 4 hours
The event was designed for legal students (Faculty of Law, Masaryk University) as part round table discussion to introduce the relevant topics, part interactive training workshop. Its aim was to introduce participants to general trends in climate law and then to address measures taken in sub-areas, particularly in the transformation from the fossil fuel energy. Part of the programme was also devoted to the drafting of climate laws.
The main emphasis was on climate protection and sustainable economy, in particular transition from fossil fuel economy and waste management.
Furthermore, the lectures focused on access to justice in environmental matters and climate litigation. The students got familiar with the international and European Union requirements in this field and tried to solve several complex cases and put forward arguments for providing locus standi.
Furthermore, the case law of the Court of Justice of the European Union and the European Court of Human Rights was discussed in detail.
The students were asked to look for national case law and identify similarities and differences in climate litigation arguments and the outcome of the cases. They were also asked to work in groups to solve case studies in order to determine the law applicable.
In particular, the discussion part focused on access to judicial protection and the recent judgment of the European Court of Human Rights in KlimaSeniorinnen v Switzerland Case. The Court found a violation of article 8 (but not 2) of the ECHR. The case against Switzerland is innovative because it relies on and engages with concepts of climate science (see here), and formulates special criteria for victim status and standing in climate cases (more below). KlimaSeniorinnen is a moderate success for the applicants and will be important in future litigation.
The speakers of the event included lecturers from Masaryk University (Vojtěch Vomáčka, Jiří Vodička, Lucie Zdráhalová). 29 university students from participated in the event.