Citizens’ Access to Justice in EU Climate Governance: Judicial Review of necp s before National Courts

Abstract This paper examines how citizens can challenge the enforcement of the EU’s climate change framework legislation in national courts, focusing on the obligations related to National Energy and Climate Plans ( necp s) under the Governance Regulation. It addresses key issues of standing and the scope of judicial review in necp litigation, drawing on case law of the Court of Justice of the European Union ( cjeu ) and recent developments at the European Court of Human Rights (ECtHR). The paper argues that the central legal challenge in necp litigation lies in justiciability, especially concerning the ambition of the plans. It concludes that, despite the complexity of the legal questions involved, the Governance Regulation, cjeu case law, and the evolving interpretation of EU fundamental rights vis-à-vis climate change collectively support judicial review of necp s, including in relation to the EU’s climate and energy targets.