On 31.01.2023, on behalf of the Declic Association and some private individuals, we filed an action in administrative dispute against the Romanian Government in front of the Cluj Court of Appeal, essentially requesting that they be ordered to pay the costs:
- to take all necessary measures to reduce greenhouse gases (hereinafter GHG) by 55% by 2030 and to achieve climate neutrality by 2050;
- take all necessary measures to increase the share of renewables in final energy consumption to 45% and to increase energy efficiency by 13% by 2030;
- to adopt concrete and coherent plans to combat climate change and annual reporting mechanisms on progress towards these targets within 30 days of the decision becoming final.
Basically, there are three big questions awaiting answers in court:
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- Are central authorities in breach of their duty of care by applying GHG emission reduction targets for 2030 well below the EU-wide cap for 2023?
- Whether, according to objective standards (such as the reasonableness tests implemented by the UN Committee on Economic, Social and Cultural Rights), the measures taken by central authorities are sufficient, reasonable and lead to limiting global warming to 1.5 to 2 degrees Celsius?
- Whether the measures taken by the defendants are compatible with the rights and freedoms guaranteed by the Constitution, the Charter of Fundamental Rights of the EU and the ECHR (right to a future in accordance with human dignity, right to health and to an ecologically balanced environment, right to life and privacy).
We believe that, beyond any controversial aspects of the issue under discussion, the Romanian authorities have a duty to fulfil the obligations assumed by the Romanian State in the interest of its own citizens.
The team of lawyers from our law firm handling this case is composed of atty. Roxana Mândruțiu, atty. Lucia-Ana Turcu and atty. Isabela Porcius.