Andreas Glaser

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 20 (2022), Issue 2, Page 239 - 246

The Supreme Court of Norway’s judgment joins a growing body of climate cases in Europe. However, in contrast to the judgments of the Dutch Supreme Court in the Urgenda case and the German Federal Constitutional Court the plaintiffs failed. The court based its dismissal both on its interpretation of the allegedly violated constitutional right to a healthy environment as well as on the separation of powers. The judgment shows similarities to the decision of the Swiss Federal Tribunal in the case of the “KlimaSeniorinnen”. In a Common European framework, the content of fundamental rights, the relationship between Parliament and Judiciary as well as the specific circumstances of the proceedings have proven to be crucial for climate cases. An upcoming decision of the ECtHR may stimulate the dialogue between Supreme Courts within Europe, as they have hardly referred to each other to date. However, even a ruling in favour of the plaintiffs by the ECtHR would not lead to a unification of climate policy within Europe, as it is a core element of democratic decision-making procedures.

Andreas Glaser, Julia Eigenmann

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 16 (2018), Issue 3, Page 258 - 268

This article shows the changes in planning law that will result within the framework of Switzerland's energy transition. The legal structure of the energy transition in Switzerland starts with the promotion of renewable energy production as well as the improvement of transport capacities for electrical energy. The planning measures comprise the inclusion of hydropower and wind farm areas in the cantonal planning level, as well as the creation of a scenario framework for electricity transport at federal level. A further means of implementing the energy transition is the declaration of renewable energies as a national interest, which strengthens their standing against landscape and nature conservation interest in the approval process. Finally, various measures, e.g. the shortening of the stages of appeal, are aimed at speeding up the approval procedures, which are generally considered too lengthy. Overall, the energy transition appears to be a diverse package of measures that starts with planning, approval decisions and legal protection. The success of these measures depends, among other things, on their implementation by the cantons and the courts.