Today are elections in the Netherlands. They are labelled ‘historical’ elections, for both national and international reasons. The most important international reason is that this is a first of several national elections in Europe taking place this year, and the question is to what extent (right-wing) populist parties will win the elections. The fear is that this could lead to more countries being led by parties who want to pull out of the EU, and have more nationalistic and populist politics – closing borders, pulling out of international treaties, and perhaps even eroding the rule of law. The worry is that the Netherlands may be the first in a row of right-wing populist victories. [click to continue…]
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Netherlands
In 2014, the Dutch NGO Urgenda, together with 886 citizens, filed a law suit against the Dutch state for not taking sufficient action to limit climate change. Today, the court gave its verdict, which could live be followed on internet (in Dutch, without subtitles). The court has also immediately put an English translation of the ruling online. And the court has ruled:
The Hague District Court has ruled today that the State must take more action to reduce the greenhouse gas emissions in the Netherlands. The State also has to ensure that the Dutch emissions in the year 2020 will be at least 25% lower than those in 1990.
Many parties have called this a historical ruling, and no doubt this may inspire citizens and activist NGOs in other countries to take their States to court. Few commentators expected that the court would come to this ruling. Many believed that the court would not want to burn its fingers on what is essentially a political process; indeed, some have even gone so far to question whether the division of powers of the Trias Politica would be violated. Yet the court provided an answer to that worry:
With this order, the court has not entered the domain of politics. The court must provide legal protection, also in cases against the government, while respecting the government’s scope for policymaking. For these reasons, the court should exercise restraint and has limited therefore the reduction order to 25%, the lower limit of the 25%-40% norm.
The fact that the ruling only concerns 25% of CO2 reductions highlights that this is not the end of our struggles. A 25% reduction may be fanastic since it’s a court ruling (and that gives it a special kind of political status), but it is not enough. We should also not forgot the sadness of the situation – that we had to go to court to force the government to take action, in a country where legal action is generally not considered a way to do politics or bring activist concerns into the political arena.