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Kapitel 5. Klimarådets organisering (§§ 10 – 12)

(Side 139 – 159)

Thomas Andersen Thrane og Peter Bjerregaard

Klimaloven er rammen for statens indsats for at reducere udledningen af drivhusgasser og skabe et klimaneutralt samfund. Loven regulerer også Klimarådets virke. Lovkommentaren uddyber lovens indhold og kontekst, herunder Paris-aftalen og EU-retten, samt perspektiverne i klimaretssagers potentiale for at fremme klimamål. Forfatterne er Thomas Andersen Thrane, General Counsel, Head of Legal, i en dansk virksomhed inden for grøn transport. Han har tidligere beskæftiget sig med klima-, energi-, forvaltnings- og EU-ret. Peter Bjerregaard er markedsreguleringschef i energisektoren og har tidligere været udpeget til regeringens nationale energikrisestab (NEKST).

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Kapitel 3. Klimastatus og -fremskrivning (§ 6)

(Side 119 – 124)

Thomas Andersen Thrane og Peter Bjerregaard

Klimaloven er rammen for statens indsats for at reducere udledningen af drivhusgasser og skabe et klimaneutralt samfund. Loven regulerer også Klimarådets virke. Lovkommentaren uddyber lovens indhold og kontekst, herunder Paris-aftalen og EU-retten, samt perspektiverne i klimaretssagers potentiale for at fremme klimamål. Forfatterne er Thomas Andersen Thrane, General Counsel, Head of Legal, i en dansk virksomhed inden for grøn transport. Han har tidligere beskæftiget sig med klima-, energi-, forvaltnings- og EU-ret. Peter Bjerregaard er markedsreguleringschef i energisektoren og har tidligere været udpeget til regeringens nationale energikrisestab (NEKST).

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Kapitel 1. Lovens formål (§§ 1 – 2)

(Side 65 – 101)

Thomas Andersen Thrane og Peter Bjerregaard

Klimaloven er rammen for statens indsats for at reducere udledningen af drivhusgasser og skabe et klimaneutralt samfund. Loven regulerer også Klimarådets virke. Lovkommentaren uddyber lovens indhold og kontekst, herunder Paris-aftalen og EU-retten, samt perspektiverne i klimaretssagers potentiale for at fremme klimamål. Forfatterne er Thomas Andersen Thrane, General Counsel, Head of Legal, i en dansk virksomhed inden for grøn transport. Han har tidligere beskæftiget sig med klima-, energi-, forvaltnings- og EU-ret. Peter Bjerregaard er markedsreguleringschef i energisektoren og har tidligere været udpeget til regeringens nationale energikrisestab (NEKST).

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Chapter 3. Article 263 TFEU and standing requirements for private applicants

(Page 75 – 85)

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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Chapter 10. CCL and the legal development of the standing test

(Page 189 – 207)

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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Chapter 2. Climate change in law and litigation

(Page 57 – 72)

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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Part V. Conclusion

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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Chapter 11. Conclusions, reflections and perspectives

(Page 211 – 222)

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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Chapter 4. The direct concern requirement

(Page 87 – 108)

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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Omslag EU Climate Change Litigation (1st Ed.)

EU Climate Change Litigation (1st Ed.)

– Challenges for Private Party Standing

Sine Rosvig Sørensen

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.