A climate activist group called the Aurora Group, led by approximately 300 young people, including Greta Thunberg, claims that the Swedish state is not doing enough to address the climate crisis, and is thereby violating the European Convention. Similar legal processes against states have taken place internationally, in Europe, South Asia, and South America, with outcomes that vary. Jonas Ebbesson, a professor of environmental law at Stockholm University, notes that these lawsuits remind states of their responsibility and create political and legal discussion. He emphasizes that the court will need to determine what has a legal basis and what constitutes politics. Although it is essential for the state’s responsibility to be examined in court, the design of climate policy should not be dictated by the court, according to Ebbesson. The outcome of the Swedish case will depend on the state’s response and the evidence presented.
Behind the mood is the climate activist group Aurora Group with around 300 participating young people, including Greta Thunberg. They believe, among other things, that the state violates the European Convention by not acting strongly enough on the climate issue.
Similar legal processes against states have previously been pursued internationally, in Europe as well as South Asia and South America. The outcome and effects of the processes have been different, but generally it reminds of the state’s responsibility in the matter and creates political and legal discussion, says Jonas Ebbesson, professor of environmental law at Stockholm University.
– If we get a government that quickly changes course in politics, it must be reminded that the Swedish state has legal obligations through our constitution, our climate act, our party to the European Convention and the Paris Agreement. The lawsuits remind us of that, he says.
Politics and law
The prospects for the Swedish case depend on how the state chooses to respond to the lawsuit and the evidence that will be presented in the case, says Jonas Ebbesson. It will be a delicate matter for the court to decide what has a legal basis and what can be perceived as politics, he explains.
– Just as important as the state’s responsibility should be able to be tried in court, it is just as important that the climate policy itself should not be designed by a court. The court must examine the legal responsibility of the state, says Jonas Ebbesson.