Legal analysis demonstrates limits on challenging statutory climate ambition in the European Union, highlighting constitutional boundaries of executive power.
On 2 September 2026, the General Court handed down its judgment in Global Legal Action Network (GLAN) and CAN-Europe v Commission (T-120/24). Its central conclusion was to be expected. The EU’s Aarhus Regulation cannot be used to challenge indirectly a level of climate ambition fixed by the EU legislature. An implementing power does not allow the Commission to rewrite legislation, even indirectly. However, we see the constitutional significance of the judgment elsewhere
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Eckes et al. (2026) studied this question.
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