Climate justice: Is there an individual right of citizen to climate neutrality?

This paper analyzes citizens' access to climate justice under European and Spanish law. Despite ambitious legislation rendering climate neutrality targets binding and imposing corporate sustainability due diligence (CSDDD), procedural standing (legitimación activa) remains strictly constrained. Both CJEU and Spanish jurisprudence require proof of direct, individualized harm, preventing citizens from challenging public or corporate inaction on an individual basis. Currently, regulatory mechanisms reduce citizens to submitting administrative complaints or claiming post-damage civil compensation. De lege ferenda, achieving effective climate justice requires recognizing an autonomous, enforceable individual right to climate neutrality, transforming citizens into active guarantors of mandatory sustainability standards.

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Publication Details

Journal
Journal of Modern Science
Published
2026-10-29
DOI
https://doi.org/10.13166/jms/242049
Primary Topic
Environmental law and policy
Type
article
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article

Climate justice: Is there an individual right of citizen to climate neutrality?

María Lidón Lara Ortiz
2 links
Journal of Modern Science
Environmental law and policy
article

Climate justice: Is there an individual right of citizen to climate neutrality?

María Lidón Lara Ortiz
article en

Abstract

This paper analyzes citizens' access to climate justice under European and Spanish law. Despite ambitious legislation rendering climate neutrality targets binding and imposing corporate sustainability due diligence (CSDDD), procedural standing (legitimación activa) remains strictly constrained. Both CJEU and Spanish jurisprudence require proof of direct, individualized harm, preventing citizens from challenging public or corporate inaction on an individual basis. Currently, regulatory mechanisms reduce citizens to submitting administrative complaints or claiming post-damage civil compensation. De lege ferenda, achieving effective climate justice requires recognizing an autonomous, enforceable individual right to climate neutrality, transforming citizens into active guarantors of mandatory sustainability standards.

Journal of Modern ScienceVol. 67(3)
Climate action, Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Environmental law and policy
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