Category Archives: horizontal direct effect

Milieudefensie summons Shell: Similar obligations for States and companies when it comes to CO2 reduction?

Blog ClaireClaire Loven

In October 2019, The Hague Court of Appeal rendered an important judgment in the Urgenda case. Urgenda is a Dutch foundation fighting for a sustainable society, which started a legal case to force the Dutch government to adopt more stringent climate policies. In that case, The Hague Court of Appeal found a violation of Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR), and ordered the Dutch State to reduce greenhouse gas emissions by at least 25 per cent by the end of 2020. Inspired by this judgment, the NGO Milieudefensie (Friends of the Earth Netherlands), together with several related organisations, has taken yet another step in climate change litigation in the Netherlands by summoning Shell, one of the largest oil companies in the world. Although Milieudefensie is petitioning a company instead of a State, the claim is the same as the one against the State in the Urgenda case. Milieudefensie requests the court to order Shell to reduce its greenhouse gas emissions. This claim is founded on the argument that Shell is guilty of hazardous negligence and violates human rights because of its (lack of a) climate policy. This argument shows that Milieudefensie has not only taken a further step in climate change litigation, but also contributes to the trend of increasingly holding private actors accountable for human rights violations. In this blog, I discuss Milieudefensie’s claim in more detail, and analyse whether, and how, human rights arguments can be used to impose greenhouse gas reduction orders on private actors. Continue reading

Egenberger and Bauer: The EU Charter as a source of rights and obligations for individuals

EU flag Individual-i.svg

Sim Haket

The Egenberger and Bauer judgments concern what has been described as probably the most important development in EU fundamental rights law in a long time (Sarmiento): establishing the horizontal direct effect of some of the provisions of the EU Charter of Fundamental Rights (Charter). The Bauer judgment also established the duty of consistent interpretation in relation to the Charter. Despite the clear terms of the judgments, the role played by individuals as either beneficiaries or addressees of the Charter is worthy of further reflection; is the Charter a direct source of rights and obligations in disputes between individuals? I first discuss in a more general way the remedies of direct effect and consistent interpretation in EU law before I turn to the Egenberger and Bauer judgments and their meaning for consistent interpretation and in particular the direct effect of the Charter in disputes between individuals. Continue reading