03 July 2023
A Taxonomy of Standing
On June 21, the General Court handed down its order in T-628/22 René Repasi v the European Commission. Repasi had challenged the validity of the Commission Delegated Regulation 2022/1214, a complementary taxonomy regulation on nuclear energy and natural gas. The General Court dismissed the action due to lack of standing. To surmount the notoriously strict standing requirements before the CJEU, Repasi relied on his position as a Member of Parliament (MEP) and argued that a claim of a wrong choice of the legal basis that leads to deviation from the ordinary legislative procedure (OLP) gives an MEP standing before the EU courts. The difficulties that MEPs encounter while fulfilling their legislative responsibilities make Repasi’s argument appealing. However, creating a new semi-privileged standing category through the Union courts could also present its own set of difficulties. Continue reading >>
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16 May 2022
Climate Change Litigation Before the ECtHR
Verein KlimaSeniorinnen Schweiz and Others v. Switzerland is the first case of climate change litigation before the ECtHR where all domestic remedies have been exhausted. The Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber. This reinforces the potential of the case to become a landmark ruling determining the Court’s approach to climate change.
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17 June 2017
More Emolument Trouble For President Trump?
Emoluments is the word of the hour again in the United States. The past week saw the filing of two new lawsuits alleging that President Trump has violated one or more of the Constitution’s emoluments clauses by accepting payments and other benefits from foreign and domestic governments. What’s significant about the new suits is who the plaintiffs are. One is brought by the state of Maryland and Washington, D.C., the other by 196 members of Congress, all Democrats. Are these the plaintiffs who can get a court to rule, for the first time ever, on what “emolument” means as used in the Constitution? Continue reading >>30 January 2017