Ecologies of Justice in the Climate Crisis: Europe’s Socio-Legal Turmoil

Climate litigation before the European Court of Human Rights, the International Court of Justice, and national courts reveals the gap between States’ proclaimed climate ambitions and their actual emission reductions. It compels governments to justify inaction and engages them in processes of public reason-giving. This contribution argues that such judicial engagement plays a vital democratic role in Europe’s response to the climate crisis. By establishing factual truth and fairness amid polarization, courts enhance the rationality of deliberation and strengthen democratic legitimacy. Situating these practices within broader ‘justification relationships’ among institutions, the analysis shows law’s capacity to mediate tensions. Against this backdrop, it critically examines the role of the European Union in mitigating the climate crisis and the reluctance of the Court of Justice of the European Union to address the EU’s climate obligations. It contends that the Court of Justice’s judicial engagement is essential to uphold both democratic legitimacy and ecological justice in Europe.