Policy Brief: The Role of Courts in European Climate Governance

Climate litigation has become an established feature of climate governance in the European Union, yet it has rarely been analysed systematically across the EU, particularly before the Court of Justice of the European Union (CJEU). This summary presents the findings of a RETOOL policy brief (Koistinen, Savaresi and Setzer, November 2026), which draws on two original case datasets and an Irish case study. The brief finds that litigation before national courts is concentrated in a few Member States, is driven mainly by civil society, and is increasingly directed at corporations. At the CJEU, by contrast, corporations are the dominant claimants and cases mostly concern the interpretation and implementation of EU climate law. Across both levels, litigation mainly gives effect to democratically adopted law rather than making climate policy, and the prospect of judicial scrutiny can improve public decision-making. Its democratic contribution, however, depends on effective access to justice.