The New Era of Climate Law in Denmark and in the EU

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Abstract

In June 2020, the Danish Parliament adopted a new Climate Act that included legally binding measures. Two months earlier, in March 2020, the European Commission presented a proposal for a European Climate Law Regulation based upon the content of the Paris Agreement. Subsequently, the EU adopted the EU Climate Law Regulation in April 2021. This article presents a comparative legal analysis of the Danish 2020 Climate Act and the 2021 European Climate Law Regulation and investigates these new types of climate acts that have risen as results of the Paris Agreement and international climate law in general. Moreover, the article presents and discusses some examples of the implementation results in Denmark and the latest EU climate strategies. It is concluded that both the Danish and the EU Climate Acts can be considered umbrella legislation presenting the binding climate objectives and legal bases for future climate law however without presenting substantive legal provisions that implement the climate objectives.
Original languageEnglish
JournalEuropean Public Law
Volume28
Issue number1
Pages (from-to)101-122
Number of pages22
ISSN1354-3725
DOIs
Publication statusPublished - Feb 2022

Keywords

  • Climate law
  • Public law
  • Danish law
  • EU law
  • Comparative law
  • International climate law

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