Table.Briefing: Europe (English)

Pieper takes SME position despite criticism + Stoltenberg’s legacy + TTC concluding statement

Dear reader,

Energy prices are high, public funds are scarce and Chinese competition is fierce. What should a European economic strategy look like in the face of these challenges? That’s what Bruno Le Maire, along with his colleagues Robert Habeck and Adolfo Urso from Italy, will discuss in Paris on Monday.

“It is unimaginable that the EU economy consistently lags behind the US economy by one to one and a half percentage points in annual growth,” said the French Minister of Economy during a press briefing on Thursday. He aims to discuss three specific points with Habeck and Urso: streamlining EU regulations, recalibrating trade with China and ensuring energy and resource independence.

The trade with China, in particular, is expected to be a sensitive topic. The French Ministry of Economy suggests tying subsidies for electric cars in Europe to sustainability criteria, effectively limiting them to European producers. Additionally, France wants to introduce a “Buy European” principle in public procurement. If China and the US do it, why not the EU?

The fact that the French ideas likely violate WTO rules doesn’t concern Paris. A senior official from the Ministry of Economy stated, “We cannot adhere too long to rules that nobody else respects. If we stand still with our arms crossed, we’re dead.”

Your
János Allenbach-Ammann
Image of János  Allenbach-Ammann

Feature

Despite controversy: Pieper takes position as SME representative

Markus Pieper
Markus Pieper (CDU) will become the Commission’s SME Envoy from mid-April.

CDU European Parliament member Markus Pieper is expected to assume the position of SME representative in the European Commission by mid-April. This was learned from informed sources by Table.Briefings. According to reports, both sides have largely agreed on the terms. The internal criticism within the agency regarding the appointment is unlikely to change this, as it was stated, “The process is over.”

Foreign Affairs Commissioner Josep Borrell, along with Commissioners Thierry Breton, Paolo Gentiloni and Nicolas Schmit, have urged President Ursula von der Leyen to reconsider the matter within the College. They refer to the written questions from several EU parliamentarians regarding the selection process. “We believe it is appropriate to discuss the responses to these allegations and their potential impact on the next steps of the appointment of Mr. Markus Pieper as SME representative within the College,” states the letter dated March 27, seen by Table.Briefings. The newsletter “La Matinale” first reported on this.

EPP calls criticism ‘purely partisan politics’

Members of the Social Democrats, Greens, Liberals and Leftists question whether von der Leyen appointed a party colleague, even though he performed worse in the application process than his two main competitors, Czech Martina Dlabajová and Swede Anna Stellinger. They insinuate that von der Leyen may have sought the support of the EPP for a second term in office. Several Members of Parliament, led by the Green Daniel Freund, plan to introduce a motion in parliament next week linking the Commission’s discharge to the repetition of the selection process.

Within the EPP, the actions of the Members of Parliament and the four Commissioners are dismissed as “electioneering” and “purely partisan politics”. Borrell, Gentiloni, and Schmit are Social Democrats, with the latter running as the lead candidate for his party family in the European elections against von der Leyen. Breton is affiliated with the Liberals.

Their spokesman Eric Mamer said on Thursday that von der Leyen would “of course engage in the debate”. However, the Commission President has “full confidence” that Pieper’s selection was lawful.

Commissioners raise concerns only now

It is pointed out within the Commission that the decision for Pieper was unanimously made by the College on Jan. 31. Although Breton was absent from the meeting due to the parallel EU Defense Ministers meeting, the Commissioner for the Internal Market had been consulted and informed beforehand.

Neither Breton nor any of the other three Commissioners had utilized the opportunity to raise objections during the acceptance of the minutes of the meeting, it is said. These written “minutes” were finalized on March 5 without any objections being raised. Moreover, Breton’s Cabinet was closely involved in answering the questions from the parliamentarians and contributed to drafting the responses. These responses have not yet been sent.

Hahn and Seibert support Pieper

In October, the Commission initiated a three-stage selection process to fill the new position of SME representative. This role is intended to represent the interests of SMEs within the agency, particularly in legislative initiatives. The position is remunerated at the highest salary level (a monthly basic salary of over 18,000 euros) and is intended to be closely linked to the Commission President and the Directorate-General for Internal Market, Industry, Entrepreneurship, and SMEs (DG GROW).

Long-time SME policy expert Pieper reportedly performed significantly worse than other candidates in the initial tests as part of an assessment center. Subsequently, the remaining candidates had to undergo three selection interviews with panels comprising senior Commission officials.

At the end of the process, Commissioner Johannes Hahn (ÖVP), responsible for personnel matters, and von der Leyen’s Chief of Staff Björn Seibert reportedly favored Pieper. In contrast, Breton preferred Czech MEP Martina Dlabajová. Both belong to the liberal party family.

  • Europäische Kommission

Stoltenberg’s €100 billion plan for Ukraine faces reservations

For Jens Stoltenberg, this is also about his personal legacy just months before the end of his term as Secretary-General. Adding to this is the difficult military situation in Ukraine. Additionally, the scenario of a potential return of Donald Trump plays a central role. How can support for Ukraine with arms be placed on a long-term basis and safeguarded even if Trump returns as US President?

This is the background for the plan presented by Jens Stoltenberg at the two-day NATO foreign ministers’ meeting in Brussels. The Secretary-General himself did not confirm the amount of €100 billion, which, according to diplomats, would need to be provided over five years. Ukraine should be able to stand on the battlefield while also being able to transform its armed forces in preparation for future membership. It’s about making the aid less dependent on short-term and voluntary contributions from individual member states, Stoltenberg stated. When Ukraine has clarity on this, it would also send a clear signal to Moscow.

Support for Ukraine against ‘the wind of political change’ in Washington

Stoltenberg’s plan also envisages NATO gradually taking over the coordination of aid from the US-led Ramstein format. Here, too, the aim is to shield support for Ukraine with arms against “the wind of political change” in Washington, as the Secretary-General reportedly put it according to diplomats. Questions and reservations mainly revolved around the €100 billion from foreign ministers. The Baltic States and Poland reacted positively. Foreign Minister Annalena Baerbock, together with other colleagues, cautioned against duplicate structures with the EU, which already finances arms through the Peace Facility. It doesn’t help to juggle with ever-new numbers.

It is also unclear whether this involves additional money or if existing programs could be counted. According to diplomats, Stoltenberg intends to use the same key for financing as provided for the NATO budget. In his first term, Trump had once enforced a cap at 16 percent, which is why the USA and Germany contribute the same amount today. The Secretary-General may count on Trump to remember this. And 16 percent of €100 billion would be less than the $60 billion currently blocked in the US Congress.

Long-term structures instead of ad hoc

The transfer of coordination from Ramstein format to NATO and away from ad hoc structures seems less controversial. “It is important that we transition ad hoc structures into reliable, long-term structures,” said Annalena Baerbock in agreement. Her Polish counterpart Radosław Sikorski also supported the plan in Brussels.

Stoltenberg emphasized that a greater role for NATO in coordinating and supporting Ukraine would be a way to end Russia’s war in a manner that Ukraine emerges victorious. The Secretary-General sought to dispel concerns that a larger NATO role could weaken American presence. Christopher Cavoli is not only the Commander of US European Command but also an allied Supreme Commander.

Stoltenberg’s plan was also discussed at the Ukraine-NATO Council on Thursday. The Secretary-General said at the end of the foreign ministers’ meeting, which also included a simple ceremony celebrating the Alliance’s 75th anniversary, that there was no need to make decisions. However, it was agreed to task the military with planning. This involves new structures for supporting Ukraine, which must also be adequately funded. A decision on the Stoltenberg plan is expected to be reached by the NATO summit in July in Washington.

Kallas now supports Rutte

By then, the successor to the Norwegian, who intends to step down after three extensions in the fall, should also be decided. Mark Rutte‘s chances have greatly increased this week, after Estonian Prime Minister Kaja Kallas publicly endorsed the Dutchman as the unofficial candidate.

Romanian President Klaus Iohannis is not expected to have any chances. Even Turkish President Erdoğan now wants to support Rutte if the concerns of non-EU members in the alliance are given more consideration, as Recep Tayyip Erdoğan stated. Only Hungarian Prime Minister Viktor Orbán still stands in the way of the necessary unanimity.

  • Ukraine

EU Monitoring

April 8-9, 2024
Meeting of the Budget Committee (BUDG)
Topics: Debate with the Commission on mainstreaming the protection of climate and biodiversity in the EU budget (stocktaking following the revision of the MFF), vote on the mobilization of the European Globalization Adjustment Fund for the benefit of redundant workers (Germany’s request), vote on strengthening police cooperation in preventing, detecting and investigating migrant smuggling and trafficking in human beings and strengthening Europol’s support in preventing and combating such crimes. Provisional agenda

April 8-9, 2024
Meeting of the Committee on Civil Liberties, Justice and Home Affairs (LIBE)
Topics: Debate on the European Ombudsman’s inquiry into the role of Frontex in
search and rescue operations, Annual Report 2023 of the European Data Protection Supervisor (EDPS), Vote on the transfer of proceedings in criminal matters.
Provisional agenda

April 9, 2024; 9 a.m.-7:00 p.m.
Meeting of the Committee for Regional Development (REGI)
Topics: Exchange with Commissioner Elisa Ferreira on cohesion policy in the 9th legislative period, conclusion of the 2014-2020 programs (status, explanation by the Commission), use of funds 2014-2020 (Cyprus, Malta and Lithuania). Provisional agenda

April 9, 2024; 9 a.m.-12:30 p.m.
Meeting of the Committee on Industry, Research and Energy (ITRE)
Topics: Structured dialog with Thierry Breton (Member of the Commission responsible for the internal market), structured dialog with Maroš Šefčovič (Executive Vice-President of the Commission for the European Green Deal) interinstitutional relations and foresight. Provisional agenda

April 9, 2024; 9 a.m.-12:15 p.m.
Meeting of the Committee on Foreign Affairs (AFET)
Topics: Exchange of views with Enrique Mora (Deputy Secretary General for Political Affairs of the EEAS) on the situation in the Red Sea/Gulf region, presentation of the study “EU-China relations: de-risking or decoupling – the future of the EU strategy towards China”, vote on the establishment of the Reform and Growth Facility for the Western Balkans. Provisional agenda

April 9, 2024; 9-10:45 a.m.
Meeting of the Committee for Transport and Tourism (TRAN)
Topics: Voting on the implementation of the Single European Sky (recast), exchange of views with Commission representatives on the passenger rights package, exchange of views with Commission representatives on amending a directive to make the protection of passengers more effective and to simplify and clarify certain aspects of the directive. Provisional agenda

April 9, 2024; 9-9:30 a.m.
Joint meeting of the Committee on International Trade (INTA) and the Committee on Industry, Research and Energy (ITRE)
Topics: Vote on the withdrawal of the Union from the Energy Charter Treaty. Provisional agenda

April 9, 2024; 9:15-9:30 a.m.
Joint meeting of the Committee on the Environment, Public Health and Food Safety (ENVI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE)
Topics: Vote on the European health data space. Provisional agenda

April 9, 2024; 9:30 a.m.-1 p.m.
Meeting of the Committee on the Environment, Public Health and Food Safety (ENVI)
Topics: Presentation of the opinion of the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) on “Methods for assessing the health and environmental risks and socio-economic aspects associated with plants obtained using certain new genome technologies (NGT)”, exchange of views on the special report of the European Court of Auditors. Provisional agenda

April 9, 2024; 12:15-12:30 p.m.
Joint meeting of the Committee on Foreign Affairs (AFET) and the Committee on Budgets (BUDG)
Topics: Report on the establishment of the Reform and Growth Facility for the Western Balkans, Vote on the establishment of the Reform and Growth Facility for the Western Balkans. Provisional agenda

April 9, 2024; 2:30-6:15 p.m.
Meeting of the Committee on Foreign Affairs (AFET) and the Committee on Development (DEVE)
Topics: Geopolitical Dialogue with Jutta Urpilainen (Commissioner for International Partnerships), Geopolitical Dialogue with Olivér Várhelyi (Commissioner for Neighborhood and Enlargement), Geopolitical Dialogue with Josep Borrell (Vice-President of the Commission/High Representative). Provisional agenda

April 9, 2024; 2:30- 4 p.m.
Meeting of the Committee on Budgetary Control (CONT) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE)
Topics: Annual Report 2023 of the European Public Prosecutor’s Office (EPPO). Provisional agenda

April 10, 2024
Weekly commission meeting
Topics: Discussion on the future of the single market in the presence of Mr. Letta,
Communication on the dialogues for a clean transition (stocktaking).
Provisional agenda

April 10, 2024; 12:30-10:00 p.m.
Plenary session of the EU Parliament: migration and asylum package, pharmaceutical package, CO2 emission targets
Topics: Debate on asylum and migration management, vote on recording greenhouse gas emissions from transport services, debate on the activities of the Chinese police in Europe. Provisional agenda

April 11-12, 2024
Informal meeting of telecommunications ministers
Topics: Online user responsibility, economic security, white paper addressing the need for digital infrastructure in Europe. Info

April 11, 2024
Euro Group
Topics: Preparation of international meetings (exchange rate and inflation developments), competitiveness of the eurozone (trade performance and risks of trade fragmentation). Info

April 11, 2024; 9 a.m.-1 p.m.
Plenary session of the EU Parliament: energy and electricity markets, EU budget, waste water
Topics: Debate on the reform of the energy and electricity markets, debate on common rules for the internal markets for renewable gases and natural gas and hydrogen (recast), vote on the inclusion of the right to abortion in the Charter of Fundamental Rights of the EU. Provisional agenda

April 12, 2024
Council of the EU: Economic and Financial Affairs
Topics: Exchange of views on the conclusions on the implementation of the Recovery and Resilience Facility (ARF), discussion on Russia’s aggression against Ukraine, approval of the EU’s mandate for the meeting of G20 finance ministers and central bank governors on April 18, 2024. Provisional agenda

News

EU-US TTC: Here are the results

Looking back at the year 2020, Executive Vice President Margrethe Vestager sees what the EU-US Trade and Technology Council (EU-US TTC) has achieved in recent years. “Back then, we were on the verge of a trade war over the taxation of digital services. We were facing a potential collapse of transatlantic data flows because we couldn’t get things under control,” Vestager recalled at a panel event on the first day of the sixth EU-US TTC in Leuven. There was practically no cooperation on regulatory issues for transatlantic trade.

Nowadays, it’s a whole different story. This was also emphasized by other representatives on the panel. They stressed that good work had been done in the regular meetings at the ministerial level and in the ten working groups of the TTC. However, Jose Fernandez, US Under Secretary of State for Economic Growth, also admitted: “Our challenge is that at this point, we may have harvested the low-hanging fruit.” He added, “I think we need to be more ambitious.”

Collaboration on AI and quantum technology

In fact, there are few concrete results in the concluding document that the participants plan to present today, Friday. Table.Briefings was able to review the document in a preliminary version dated April 3. According to this, the focus of the sixth TTC was on promoting artificial intelligence (AI), developing quantum technologies and collaborating on semiconductors.

Significant progress was made in the field of AI. The European AI Office and its US counterpart, the Artificial Intelligence Security Center, aim to collaborate closely. The goal is to promote scientific exchange and the development of interoperable and international standards for trustworthy AI and risk management.

In the field of quantum technology, there is now a Quantum Task Force. It is tasked with harmonizing research and development efforts and advancing international standards. This work is intended to lay the groundwork for closer scientific and technological cooperation in this future technology.

Standards and steel still need to be discussed

Regarding the semiconductor industry, the EU-US TTC emphasizes the importance of robust and secure supply chains. The aim is to achieve closer coordination and synergies between investments under the EU Chips Act and the US Chips Act by extending two administrative agreements. This cooperation aims to avoid supply shortages and secure leadership in key technologies.

Another focus was on developing common standards for climate-friendly technologies. However, the partners only agreed to exchange information on international standardization activities to avoid unnecessary technical trade barriers. Also, on the issue of steel, both sides have not reached an agreement yet but intend to continue negotiations. “We are on the path to a global steel agreement,” it was said at the panel. vis

  • Chips Act
  • Thierry Breton

AfD: doubts about Bystron’s justification

While the party leadership remains silent after Petr Bystron’s denial of payments from Russia on Thursday, some members of parliament express skepticism behind closed doors. “It fits perfectly into Bystron’s concept: portraying himself as the victim,” said one AfD faction member to Table.Briefings. “But the air is thinning for him.” Bystron’s noticeable sympathy towards Russia has long been known within the faction.

This aligns with the allegations made by Czech newspaper Deník N and Der Spiegel: The Bavarian lawmaker and AfD European election candidate is said to have received money from the pro-Russian network Voice of Europe. Zeit Online reports that an associate of pro-Russian oligarch Viktor Medvedchuk handed him 20,000 euros; in return, pro-Russian policies. After the AfD leadership demanded explanations, Bystron now presents himself as a victim of a campaign involving the Czech intelligence service.

No election campaign appearances for Bystron

Krah initially wants to sideline Bystron. AfD’s lead candidate for the European elections, Maximilian Krah, urged the second-placed Bystron to refrain from campaign appearances until the allegations are clarified. Krah himself is regularly confronted with allegations of acting in favor of Russia and China. Bystron participated in a conference of the far-right party “Our Homeland” in Hungary earlier this year, which asserts territorial claims in Ukraine.

At the same time, the Munich District Court issued a penalty order against Bystron for a photo collage on Twitter, in which the judges recognized Hitler salutes. Bystron has appealed against it. He was also among the MPs who granted access to Reichsbürger (German Reich citizens) to the Bundestag. In South Africa, he practiced shooting with a far-right organization.

  • AfD
  • Russland
  • Ukraine War

Germany leading in net-zero technology

Germany is a central hub for clean technologies” and hosts the most production facilities overall and in almost all considered technologies, according to findings by the Brussels-based think tank Bruegel based on a new database. The database examines the economic activity of European countries in future industries such as wind power, solar energy, heat pumps, batteries, and electrolyzers.

Indeed, Germany leads the way in many technologies. By the end of 2022, one-third of the total wind and solar energy capacity installed in the EU was in Germany – despite the country having less than one-fifth of the EU’s population. Germany not only leads in the use of these technologies but also in job creation: In 2022, according to Bruegel’s statistics, around 87,000 people were employed in the wind and solar sectors each. Germany also leads in production capacities for wind and solar installations compared to other EU countries.

Bruegel also gives Germany a favorable assessment in the area of batteries: Currently, Poland, Sweden and Hungary lead in production capacities, where companies like Northvolt, LG and Samsung already operate large factories. However, this will change when the three battery projects under construction in Germany by Northvolt, Volkswagen and CATL open their doors. According to Bruegel, Germany is becoming “a new focal point” for batteries. mkr

  • Batteries
  • Erneuerbare Energien
  • Net Zero Industry Act
  • Wind power

22 arrests made for possible fraud with Covid recovery funds

According to the Italian police, 22 individuals have been arrested for possible fraud related to the Covid recovery fund and generous home improvement schemes introduced by Italy. Three individuals were arrested in Slovakia, two in Austria and 17 across Italy, with searches also conducted in Romania.

The police seized apartments, villas, Rolex watches, Cartier jewelry, gold, cryptocurrencies and luxury cars such as a Lamborghini and a Porsche. Additionally, €600 million in assets were seized, believed to stem from fraudulent tax credits for construction projects.

Italy has received nearly €102 billion from the EU’s Covid recovery funds so far, with an additional €90 billion expected by 2026. At the same time, the government in Rome is disbursing billions for construction programs, including one offering homeowners 110 percent of the costs for energy-efficient renovations.

‘Sophisticated fraud systems’ involving front companies

The police stated that the unnamed suspects had developed “sophisticated fraud systems” and utilized a series of front companies to present fictitious projects and obtain tradable tax credits from the state.

The Italian police reported collaborating with the European Public Prosecutor’s Office (EPPO), responsible for investigating and prosecuting crimes against the financial interests of the EU. According to the EPPO, they conducted 1,927 ongoing investigations last year, involving a total suspected fraud of €19.2 billion. Italy alone initiated 618 investigations. rtr/lei

  • Slowakei

Macron anticipates Russian disruption campaigns at Paris Olympics

French President Emmanuel Macron stated on Thursday during the inauguration of an indoor swimming pool in Paris that he has “no doubt” Russia will seek to disrupt the Olympic and Paralympic Games in Paris with disinformation campaigns. The Olympic Games are scheduled to take place from July 26 to Aug. 11, while the Paralympics will follow from Aug. 28 to Sept. 8.

After French Defense Minister Sébastien Lecornu spoke with his Russian counterpart Sergei Shoigu on Wednesday – marking the first conversation since October 2022 – the Russian Defense Ministry suggested that France might be connected to the terrorist attack on the Crocus City Hall near Moscow in March. Russia claimed to have information about Ukrainian involvement in planning the terrorist attack and asserted that Ukraine acts with the “consent of its Western accomplices”. Russia expressed hope that “the French intelligence service is not behind this case.”

Macron stated that Lecornu intended to provide Shoigu with useful information regarding the origin and organization of the attack. He described the Russian comments as “ridiculous” and “threatening”. Macron characterized it as “manipulation of information” and part of “the arsenal of war as Russia uses it today”.

Complaints about increasing disinformation

In January, Lecornu lamented the “umpteenth vulgar Russian disinformation campaign”. The attacks intensified as Macron became increasingly vocal in his support for Ukraine, according to the French Defense Ministry.

A report from the French General Secretariat for Defense and National Security, which reports to the Prime Minister, in February highlighted 193 Russian-controlled news sites systematically spreading misinformation in the United States and Europe. Examples included reports of French mercenaries killed in Kharkiv or a bedbug infestation supposedly plaguing Paris in the fall of 2023. The “infestation” was also attributed to Russian disinformation campaigns, according to a French secretary of state. bub

  • Desinformation

Column

What’s cooking in Strasbourg? 32 states face the European Court of Human Rights

by Claire Stam

There will be a lot of noise next Tuesday (April 9) at the usually discreet European Court of Human Rights (ECHR) in Strasbourg. This is because the Grand Chamber of the ECHR will announce its verdict on three climate lawsuits – a ruling that has the potential to shift the dynamics in climate policy.

But what exactly is this about? Firstly, there’s the case brought forward by Green MEP Damien Carême. He seeks to have the applicability of Articles 2 and 8 of the European Convention on Human Rights recognized in connection with the case of the Grande-Synthe municipality. Article 2 of the European Convention on Human Rights guarantees the right to life, while Article 8 enshrines the right to respect for private and family life. Both, according to Carême, are under threat. Grande-Synthe is located by the sea and is threatened by rising sea levels. Carême served as mayor of the northern French municipality for eighteen years.

Then there’s the lawsuit by climate seniors from Switzerland. They argue that their fundamental rights as elderly individuals are threatened, with authorities doing too little to limit climate warming to a safe level. They seek to compel their country to increase its climate goals.

Six young people against 32 states

And then there’s the “David versus Goliath” case: On one side of the witness stand are the six plaintiffs and their advisors, on the other are 87 lawyers representing 32 governments. The six young plaintiffs aim to have their lawsuit acknowledge that governmental inaction on climate policies affects their well-being and their rights to physical and mental health. The young Portuguese, aged 11 to 24, are “anxious at the prospect of living their entire lives in an increasingly warmer climate,” as they explained to the press.

A series of deadly forest fires in Portugal in 2017, near the residences of some of the six youth claimants, prompted them to take legal action, the young plaintiffs say. “I remember 2017 very well. I saw the fires on TV. I was horrified when I saw all the destruction and death. I was with my father and mother. They called their friends, and I knew they were scared too,” recalls André dos Santos Oliveira (15), one of the youth applicants. But the wildfires were not the only reason. “I noticed that the fires were not the only thing – there were other signs of the effects of climate change in Portugal. Extreme heat, rainfall followed by heatwaves. What worried me was the frequency of these events,” dos Santos Oliviera says.

The six young plaintiffs argue that the states violate Articles 2 (Right to Life), 3 (Prohibition of Torture) and 8 (Right to Respect for Private and Family Life) of the European Convention on Human Rights. They also argue that Article 14 of the same Convention (Prohibition of Discrimination) is violated because climate change will disproportionately affect their generation. The case has been filed in September 2020 against all 27 of the member states of the EU plus Norway, Russia, Switzerland, Turkey and the United Kingdom. Taking the EU member states as a bloc, these countries make up the major emitters of greenhouse gases within Europe. The EU is not a respondent in the case but has joined as a third party intervener. The youth applicants are backed by the Global Legal Action Network (GLAN).

Verdict would have binding consequences

According to Gerry Liston, GLAN’s senior lawyer, a victory in this case would be “a watershed moment in the global fight for a liveable future”. “The most significant practical effect of a positive ruling would be that the position of those taking climate cases at the national level would be strengthened as they will have a judgment from Strasbourg on climate change,” he added. This is because judgments of the ECHR are legally binding, the lawyer explains. The judgment sought by the youth applicants would be “be the equivalent of a legally binding regional treaty compelling the Respondent countries to rapidly accelerate their climate action,” he explains.

This would also imply that they will have to adopt more ambitious emission targets in national law as well as in the Nationally Determined Contributions they submit under the Paris Agreement. Since ECHR judgments in cases before national courts in Europe are “very influential”, this judgment would also provide claimants in future climate lawsuits at the national level with “a much stronger basis” on which to present their arguments, Gerry Liston further explains.

“Actually, a win in any one of the three cases would be a win for everybody. These three cases – which have been brought by people ranging from 12 years old to over 80 years old – show that we are all affected by the climate crisis,” said Catarina dos Santos Mota (23), another youth applicant. “In our three cases, we are all trying to achieve the same goal: to force governments to take the urgent action needed to protect our human rights. A win for us would be a win for them and a win for them would be a win for us,” she added.

For Gerry Liston, a victory in just one of the three cases would be “one of the most significant developments on climate change since the signing of the Paris Agreement” in 2015.


  • Climate complaints
  • EU climate policy
  • EU-Klimapolitik
  • Portugal
  • Schweiz

Europe.Table editorial team

EUROPE.TABLE EDITORIAL OFFICE

Licenses:
    Dear reader,

    Energy prices are high, public funds are scarce and Chinese competition is fierce. What should a European economic strategy look like in the face of these challenges? That’s what Bruno Le Maire, along with his colleagues Robert Habeck and Adolfo Urso from Italy, will discuss in Paris on Monday.

    “It is unimaginable that the EU economy consistently lags behind the US economy by one to one and a half percentage points in annual growth,” said the French Minister of Economy during a press briefing on Thursday. He aims to discuss three specific points with Habeck and Urso: streamlining EU regulations, recalibrating trade with China and ensuring energy and resource independence.

    The trade with China, in particular, is expected to be a sensitive topic. The French Ministry of Economy suggests tying subsidies for electric cars in Europe to sustainability criteria, effectively limiting them to European producers. Additionally, France wants to introduce a “Buy European” principle in public procurement. If China and the US do it, why not the EU?

    The fact that the French ideas likely violate WTO rules doesn’t concern Paris. A senior official from the Ministry of Economy stated, “We cannot adhere too long to rules that nobody else respects. If we stand still with our arms crossed, we’re dead.”

    Your
    János Allenbach-Ammann
    Image of János  Allenbach-Ammann

    Feature

    Despite controversy: Pieper takes position as SME representative

    Markus Pieper
    Markus Pieper (CDU) will become the Commission’s SME Envoy from mid-April.

    CDU European Parliament member Markus Pieper is expected to assume the position of SME representative in the European Commission by mid-April. This was learned from informed sources by Table.Briefings. According to reports, both sides have largely agreed on the terms. The internal criticism within the agency regarding the appointment is unlikely to change this, as it was stated, “The process is over.”

    Foreign Affairs Commissioner Josep Borrell, along with Commissioners Thierry Breton, Paolo Gentiloni and Nicolas Schmit, have urged President Ursula von der Leyen to reconsider the matter within the College. They refer to the written questions from several EU parliamentarians regarding the selection process. “We believe it is appropriate to discuss the responses to these allegations and their potential impact on the next steps of the appointment of Mr. Markus Pieper as SME representative within the College,” states the letter dated March 27, seen by Table.Briefings. The newsletter “La Matinale” first reported on this.

    EPP calls criticism ‘purely partisan politics’

    Members of the Social Democrats, Greens, Liberals and Leftists question whether von der Leyen appointed a party colleague, even though he performed worse in the application process than his two main competitors, Czech Martina Dlabajová and Swede Anna Stellinger. They insinuate that von der Leyen may have sought the support of the EPP for a second term in office. Several Members of Parliament, led by the Green Daniel Freund, plan to introduce a motion in parliament next week linking the Commission’s discharge to the repetition of the selection process.

    Within the EPP, the actions of the Members of Parliament and the four Commissioners are dismissed as “electioneering” and “purely partisan politics”. Borrell, Gentiloni, and Schmit are Social Democrats, with the latter running as the lead candidate for his party family in the European elections against von der Leyen. Breton is affiliated with the Liberals.

    Their spokesman Eric Mamer said on Thursday that von der Leyen would “of course engage in the debate”. However, the Commission President has “full confidence” that Pieper’s selection was lawful.

    Commissioners raise concerns only now

    It is pointed out within the Commission that the decision for Pieper was unanimously made by the College on Jan. 31. Although Breton was absent from the meeting due to the parallel EU Defense Ministers meeting, the Commissioner for the Internal Market had been consulted and informed beforehand.

    Neither Breton nor any of the other three Commissioners had utilized the opportunity to raise objections during the acceptance of the minutes of the meeting, it is said. These written “minutes” were finalized on March 5 without any objections being raised. Moreover, Breton’s Cabinet was closely involved in answering the questions from the parliamentarians and contributed to drafting the responses. These responses have not yet been sent.

    Hahn and Seibert support Pieper

    In October, the Commission initiated a three-stage selection process to fill the new position of SME representative. This role is intended to represent the interests of SMEs within the agency, particularly in legislative initiatives. The position is remunerated at the highest salary level (a monthly basic salary of over 18,000 euros) and is intended to be closely linked to the Commission President and the Directorate-General for Internal Market, Industry, Entrepreneurship, and SMEs (DG GROW).

    Long-time SME policy expert Pieper reportedly performed significantly worse than other candidates in the initial tests as part of an assessment center. Subsequently, the remaining candidates had to undergo three selection interviews with panels comprising senior Commission officials.

    At the end of the process, Commissioner Johannes Hahn (ÖVP), responsible for personnel matters, and von der Leyen’s Chief of Staff Björn Seibert reportedly favored Pieper. In contrast, Breton preferred Czech MEP Martina Dlabajová. Both belong to the liberal party family.

    • Europäische Kommission

    Stoltenberg’s €100 billion plan for Ukraine faces reservations

    For Jens Stoltenberg, this is also about his personal legacy just months before the end of his term as Secretary-General. Adding to this is the difficult military situation in Ukraine. Additionally, the scenario of a potential return of Donald Trump plays a central role. How can support for Ukraine with arms be placed on a long-term basis and safeguarded even if Trump returns as US President?

    This is the background for the plan presented by Jens Stoltenberg at the two-day NATO foreign ministers’ meeting in Brussels. The Secretary-General himself did not confirm the amount of €100 billion, which, according to diplomats, would need to be provided over five years. Ukraine should be able to stand on the battlefield while also being able to transform its armed forces in preparation for future membership. It’s about making the aid less dependent on short-term and voluntary contributions from individual member states, Stoltenberg stated. When Ukraine has clarity on this, it would also send a clear signal to Moscow.

    Support for Ukraine against ‘the wind of political change’ in Washington

    Stoltenberg’s plan also envisages NATO gradually taking over the coordination of aid from the US-led Ramstein format. Here, too, the aim is to shield support for Ukraine with arms against “the wind of political change” in Washington, as the Secretary-General reportedly put it according to diplomats. Questions and reservations mainly revolved around the €100 billion from foreign ministers. The Baltic States and Poland reacted positively. Foreign Minister Annalena Baerbock, together with other colleagues, cautioned against duplicate structures with the EU, which already finances arms through the Peace Facility. It doesn’t help to juggle with ever-new numbers.

    It is also unclear whether this involves additional money or if existing programs could be counted. According to diplomats, Stoltenberg intends to use the same key for financing as provided for the NATO budget. In his first term, Trump had once enforced a cap at 16 percent, which is why the USA and Germany contribute the same amount today. The Secretary-General may count on Trump to remember this. And 16 percent of €100 billion would be less than the $60 billion currently blocked in the US Congress.

    Long-term structures instead of ad hoc

    The transfer of coordination from Ramstein format to NATO and away from ad hoc structures seems less controversial. “It is important that we transition ad hoc structures into reliable, long-term structures,” said Annalena Baerbock in agreement. Her Polish counterpart Radosław Sikorski also supported the plan in Brussels.

    Stoltenberg emphasized that a greater role for NATO in coordinating and supporting Ukraine would be a way to end Russia’s war in a manner that Ukraine emerges victorious. The Secretary-General sought to dispel concerns that a larger NATO role could weaken American presence. Christopher Cavoli is not only the Commander of US European Command but also an allied Supreme Commander.

    Stoltenberg’s plan was also discussed at the Ukraine-NATO Council on Thursday. The Secretary-General said at the end of the foreign ministers’ meeting, which also included a simple ceremony celebrating the Alliance’s 75th anniversary, that there was no need to make decisions. However, it was agreed to task the military with planning. This involves new structures for supporting Ukraine, which must also be adequately funded. A decision on the Stoltenberg plan is expected to be reached by the NATO summit in July in Washington.

    Kallas now supports Rutte

    By then, the successor to the Norwegian, who intends to step down after three extensions in the fall, should also be decided. Mark Rutte‘s chances have greatly increased this week, after Estonian Prime Minister Kaja Kallas publicly endorsed the Dutchman as the unofficial candidate.

    Romanian President Klaus Iohannis is not expected to have any chances. Even Turkish President Erdoğan now wants to support Rutte if the concerns of non-EU members in the alliance are given more consideration, as Recep Tayyip Erdoğan stated. Only Hungarian Prime Minister Viktor Orbán still stands in the way of the necessary unanimity.

    • Ukraine

    EU Monitoring

    April 8-9, 2024
    Meeting of the Budget Committee (BUDG)
    Topics: Debate with the Commission on mainstreaming the protection of climate and biodiversity in the EU budget (stocktaking following the revision of the MFF), vote on the mobilization of the European Globalization Adjustment Fund for the benefit of redundant workers (Germany’s request), vote on strengthening police cooperation in preventing, detecting and investigating migrant smuggling and trafficking in human beings and strengthening Europol’s support in preventing and combating such crimes. Provisional agenda

    April 8-9, 2024
    Meeting of the Committee on Civil Liberties, Justice and Home Affairs (LIBE)
    Topics: Debate on the European Ombudsman’s inquiry into the role of Frontex in
    search and rescue operations, Annual Report 2023 of the European Data Protection Supervisor (EDPS), Vote on the transfer of proceedings in criminal matters.
    Provisional agenda

    April 9, 2024; 9 a.m.-7:00 p.m.
    Meeting of the Committee for Regional Development (REGI)
    Topics: Exchange with Commissioner Elisa Ferreira on cohesion policy in the 9th legislative period, conclusion of the 2014-2020 programs (status, explanation by the Commission), use of funds 2014-2020 (Cyprus, Malta and Lithuania). Provisional agenda

    April 9, 2024; 9 a.m.-12:30 p.m.
    Meeting of the Committee on Industry, Research and Energy (ITRE)
    Topics: Structured dialog with Thierry Breton (Member of the Commission responsible for the internal market), structured dialog with Maroš Šefčovič (Executive Vice-President of the Commission for the European Green Deal) interinstitutional relations and foresight. Provisional agenda

    April 9, 2024; 9 a.m.-12:15 p.m.
    Meeting of the Committee on Foreign Affairs (AFET)
    Topics: Exchange of views with Enrique Mora (Deputy Secretary General for Political Affairs of the EEAS) on the situation in the Red Sea/Gulf region, presentation of the study “EU-China relations: de-risking or decoupling – the future of the EU strategy towards China”, vote on the establishment of the Reform and Growth Facility for the Western Balkans. Provisional agenda

    April 9, 2024; 9-10:45 a.m.
    Meeting of the Committee for Transport and Tourism (TRAN)
    Topics: Voting on the implementation of the Single European Sky (recast), exchange of views with Commission representatives on the passenger rights package, exchange of views with Commission representatives on amending a directive to make the protection of passengers more effective and to simplify and clarify certain aspects of the directive. Provisional agenda

    April 9, 2024; 9-9:30 a.m.
    Joint meeting of the Committee on International Trade (INTA) and the Committee on Industry, Research and Energy (ITRE)
    Topics: Vote on the withdrawal of the Union from the Energy Charter Treaty. Provisional agenda

    April 9, 2024; 9:15-9:30 a.m.
    Joint meeting of the Committee on the Environment, Public Health and Food Safety (ENVI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE)
    Topics: Vote on the European health data space. Provisional agenda

    April 9, 2024; 9:30 a.m.-1 p.m.
    Meeting of the Committee on the Environment, Public Health and Food Safety (ENVI)
    Topics: Presentation of the opinion of the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) on “Methods for assessing the health and environmental risks and socio-economic aspects associated with plants obtained using certain new genome technologies (NGT)”, exchange of views on the special report of the European Court of Auditors. Provisional agenda

    April 9, 2024; 12:15-12:30 p.m.
    Joint meeting of the Committee on Foreign Affairs (AFET) and the Committee on Budgets (BUDG)
    Topics: Report on the establishment of the Reform and Growth Facility for the Western Balkans, Vote on the establishment of the Reform and Growth Facility for the Western Balkans. Provisional agenda

    April 9, 2024; 2:30-6:15 p.m.
    Meeting of the Committee on Foreign Affairs (AFET) and the Committee on Development (DEVE)
    Topics: Geopolitical Dialogue with Jutta Urpilainen (Commissioner for International Partnerships), Geopolitical Dialogue with Olivér Várhelyi (Commissioner for Neighborhood and Enlargement), Geopolitical Dialogue with Josep Borrell (Vice-President of the Commission/High Representative). Provisional agenda

    April 9, 2024; 2:30- 4 p.m.
    Meeting of the Committee on Budgetary Control (CONT) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE)
    Topics: Annual Report 2023 of the European Public Prosecutor’s Office (EPPO). Provisional agenda

    April 10, 2024
    Weekly commission meeting
    Topics: Discussion on the future of the single market in the presence of Mr. Letta,
    Communication on the dialogues for a clean transition (stocktaking).
    Provisional agenda

    April 10, 2024; 12:30-10:00 p.m.
    Plenary session of the EU Parliament: migration and asylum package, pharmaceutical package, CO2 emission targets
    Topics: Debate on asylum and migration management, vote on recording greenhouse gas emissions from transport services, debate on the activities of the Chinese police in Europe. Provisional agenda

    April 11-12, 2024
    Informal meeting of telecommunications ministers
    Topics: Online user responsibility, economic security, white paper addressing the need for digital infrastructure in Europe. Info

    April 11, 2024
    Euro Group
    Topics: Preparation of international meetings (exchange rate and inflation developments), competitiveness of the eurozone (trade performance and risks of trade fragmentation). Info

    April 11, 2024; 9 a.m.-1 p.m.
    Plenary session of the EU Parliament: energy and electricity markets, EU budget, waste water
    Topics: Debate on the reform of the energy and electricity markets, debate on common rules for the internal markets for renewable gases and natural gas and hydrogen (recast), vote on the inclusion of the right to abortion in the Charter of Fundamental Rights of the EU. Provisional agenda

    April 12, 2024
    Council of the EU: Economic and Financial Affairs
    Topics: Exchange of views on the conclusions on the implementation of the Recovery and Resilience Facility (ARF), discussion on Russia’s aggression against Ukraine, approval of the EU’s mandate for the meeting of G20 finance ministers and central bank governors on April 18, 2024. Provisional agenda

    News

    EU-US TTC: Here are the results

    Looking back at the year 2020, Executive Vice President Margrethe Vestager sees what the EU-US Trade and Technology Council (EU-US TTC) has achieved in recent years. “Back then, we were on the verge of a trade war over the taxation of digital services. We were facing a potential collapse of transatlantic data flows because we couldn’t get things under control,” Vestager recalled at a panel event on the first day of the sixth EU-US TTC in Leuven. There was practically no cooperation on regulatory issues for transatlantic trade.

    Nowadays, it’s a whole different story. This was also emphasized by other representatives on the panel. They stressed that good work had been done in the regular meetings at the ministerial level and in the ten working groups of the TTC. However, Jose Fernandez, US Under Secretary of State for Economic Growth, also admitted: “Our challenge is that at this point, we may have harvested the low-hanging fruit.” He added, “I think we need to be more ambitious.”

    Collaboration on AI and quantum technology

    In fact, there are few concrete results in the concluding document that the participants plan to present today, Friday. Table.Briefings was able to review the document in a preliminary version dated April 3. According to this, the focus of the sixth TTC was on promoting artificial intelligence (AI), developing quantum technologies and collaborating on semiconductors.

    Significant progress was made in the field of AI. The European AI Office and its US counterpart, the Artificial Intelligence Security Center, aim to collaborate closely. The goal is to promote scientific exchange and the development of interoperable and international standards for trustworthy AI and risk management.

    In the field of quantum technology, there is now a Quantum Task Force. It is tasked with harmonizing research and development efforts and advancing international standards. This work is intended to lay the groundwork for closer scientific and technological cooperation in this future technology.

    Standards and steel still need to be discussed

    Regarding the semiconductor industry, the EU-US TTC emphasizes the importance of robust and secure supply chains. The aim is to achieve closer coordination and synergies between investments under the EU Chips Act and the US Chips Act by extending two administrative agreements. This cooperation aims to avoid supply shortages and secure leadership in key technologies.

    Another focus was on developing common standards for climate-friendly technologies. However, the partners only agreed to exchange information on international standardization activities to avoid unnecessary technical trade barriers. Also, on the issue of steel, both sides have not reached an agreement yet but intend to continue negotiations. “We are on the path to a global steel agreement,” it was said at the panel. vis

    • Chips Act
    • Thierry Breton

    AfD: doubts about Bystron’s justification

    While the party leadership remains silent after Petr Bystron’s denial of payments from Russia on Thursday, some members of parliament express skepticism behind closed doors. “It fits perfectly into Bystron’s concept: portraying himself as the victim,” said one AfD faction member to Table.Briefings. “But the air is thinning for him.” Bystron’s noticeable sympathy towards Russia has long been known within the faction.

    This aligns with the allegations made by Czech newspaper Deník N and Der Spiegel: The Bavarian lawmaker and AfD European election candidate is said to have received money from the pro-Russian network Voice of Europe. Zeit Online reports that an associate of pro-Russian oligarch Viktor Medvedchuk handed him 20,000 euros; in return, pro-Russian policies. After the AfD leadership demanded explanations, Bystron now presents himself as a victim of a campaign involving the Czech intelligence service.

    No election campaign appearances for Bystron

    Krah initially wants to sideline Bystron. AfD’s lead candidate for the European elections, Maximilian Krah, urged the second-placed Bystron to refrain from campaign appearances until the allegations are clarified. Krah himself is regularly confronted with allegations of acting in favor of Russia and China. Bystron participated in a conference of the far-right party “Our Homeland” in Hungary earlier this year, which asserts territorial claims in Ukraine.

    At the same time, the Munich District Court issued a penalty order against Bystron for a photo collage on Twitter, in which the judges recognized Hitler salutes. Bystron has appealed against it. He was also among the MPs who granted access to Reichsbürger (German Reich citizens) to the Bundestag. In South Africa, he practiced shooting with a far-right organization.

    • AfD
    • Russland
    • Ukraine War

    Germany leading in net-zero technology

    Germany is a central hub for clean technologies” and hosts the most production facilities overall and in almost all considered technologies, according to findings by the Brussels-based think tank Bruegel based on a new database. The database examines the economic activity of European countries in future industries such as wind power, solar energy, heat pumps, batteries, and electrolyzers.

    Indeed, Germany leads the way in many technologies. By the end of 2022, one-third of the total wind and solar energy capacity installed in the EU was in Germany – despite the country having less than one-fifth of the EU’s population. Germany not only leads in the use of these technologies but also in job creation: In 2022, according to Bruegel’s statistics, around 87,000 people were employed in the wind and solar sectors each. Germany also leads in production capacities for wind and solar installations compared to other EU countries.

    Bruegel also gives Germany a favorable assessment in the area of batteries: Currently, Poland, Sweden and Hungary lead in production capacities, where companies like Northvolt, LG and Samsung already operate large factories. However, this will change when the three battery projects under construction in Germany by Northvolt, Volkswagen and CATL open their doors. According to Bruegel, Germany is becoming “a new focal point” for batteries. mkr

    • Batteries
    • Erneuerbare Energien
    • Net Zero Industry Act
    • Wind power

    22 arrests made for possible fraud with Covid recovery funds

    According to the Italian police, 22 individuals have been arrested for possible fraud related to the Covid recovery fund and generous home improvement schemes introduced by Italy. Three individuals were arrested in Slovakia, two in Austria and 17 across Italy, with searches also conducted in Romania.

    The police seized apartments, villas, Rolex watches, Cartier jewelry, gold, cryptocurrencies and luxury cars such as a Lamborghini and a Porsche. Additionally, €600 million in assets were seized, believed to stem from fraudulent tax credits for construction projects.

    Italy has received nearly €102 billion from the EU’s Covid recovery funds so far, with an additional €90 billion expected by 2026. At the same time, the government in Rome is disbursing billions for construction programs, including one offering homeowners 110 percent of the costs for energy-efficient renovations.

    ‘Sophisticated fraud systems’ involving front companies

    The police stated that the unnamed suspects had developed “sophisticated fraud systems” and utilized a series of front companies to present fictitious projects and obtain tradable tax credits from the state.

    The Italian police reported collaborating with the European Public Prosecutor’s Office (EPPO), responsible for investigating and prosecuting crimes against the financial interests of the EU. According to the EPPO, they conducted 1,927 ongoing investigations last year, involving a total suspected fraud of €19.2 billion. Italy alone initiated 618 investigations. rtr/lei

    • Slowakei

    Macron anticipates Russian disruption campaigns at Paris Olympics

    French President Emmanuel Macron stated on Thursday during the inauguration of an indoor swimming pool in Paris that he has “no doubt” Russia will seek to disrupt the Olympic and Paralympic Games in Paris with disinformation campaigns. The Olympic Games are scheduled to take place from July 26 to Aug. 11, while the Paralympics will follow from Aug. 28 to Sept. 8.

    After French Defense Minister Sébastien Lecornu spoke with his Russian counterpart Sergei Shoigu on Wednesday – marking the first conversation since October 2022 – the Russian Defense Ministry suggested that France might be connected to the terrorist attack on the Crocus City Hall near Moscow in March. Russia claimed to have information about Ukrainian involvement in planning the terrorist attack and asserted that Ukraine acts with the “consent of its Western accomplices”. Russia expressed hope that “the French intelligence service is not behind this case.”

    Macron stated that Lecornu intended to provide Shoigu with useful information regarding the origin and organization of the attack. He described the Russian comments as “ridiculous” and “threatening”. Macron characterized it as “manipulation of information” and part of “the arsenal of war as Russia uses it today”.

    Complaints about increasing disinformation

    In January, Lecornu lamented the “umpteenth vulgar Russian disinformation campaign”. The attacks intensified as Macron became increasingly vocal in his support for Ukraine, according to the French Defense Ministry.

    A report from the French General Secretariat for Defense and National Security, which reports to the Prime Minister, in February highlighted 193 Russian-controlled news sites systematically spreading misinformation in the United States and Europe. Examples included reports of French mercenaries killed in Kharkiv or a bedbug infestation supposedly plaguing Paris in the fall of 2023. The “infestation” was also attributed to Russian disinformation campaigns, according to a French secretary of state. bub

    • Desinformation

    Column

    What’s cooking in Strasbourg? 32 states face the European Court of Human Rights

    by Claire Stam

    There will be a lot of noise next Tuesday (April 9) at the usually discreet European Court of Human Rights (ECHR) in Strasbourg. This is because the Grand Chamber of the ECHR will announce its verdict on three climate lawsuits – a ruling that has the potential to shift the dynamics in climate policy.

    But what exactly is this about? Firstly, there’s the case brought forward by Green MEP Damien Carême. He seeks to have the applicability of Articles 2 and 8 of the European Convention on Human Rights recognized in connection with the case of the Grande-Synthe municipality. Article 2 of the European Convention on Human Rights guarantees the right to life, while Article 8 enshrines the right to respect for private and family life. Both, according to Carême, are under threat. Grande-Synthe is located by the sea and is threatened by rising sea levels. Carême served as mayor of the northern French municipality for eighteen years.

    Then there’s the lawsuit by climate seniors from Switzerland. They argue that their fundamental rights as elderly individuals are threatened, with authorities doing too little to limit climate warming to a safe level. They seek to compel their country to increase its climate goals.

    Six young people against 32 states

    And then there’s the “David versus Goliath” case: On one side of the witness stand are the six plaintiffs and their advisors, on the other are 87 lawyers representing 32 governments. The six young plaintiffs aim to have their lawsuit acknowledge that governmental inaction on climate policies affects their well-being and their rights to physical and mental health. The young Portuguese, aged 11 to 24, are “anxious at the prospect of living their entire lives in an increasingly warmer climate,” as they explained to the press.

    A series of deadly forest fires in Portugal in 2017, near the residences of some of the six youth claimants, prompted them to take legal action, the young plaintiffs say. “I remember 2017 very well. I saw the fires on TV. I was horrified when I saw all the destruction and death. I was with my father and mother. They called their friends, and I knew they were scared too,” recalls André dos Santos Oliveira (15), one of the youth applicants. But the wildfires were not the only reason. “I noticed that the fires were not the only thing – there were other signs of the effects of climate change in Portugal. Extreme heat, rainfall followed by heatwaves. What worried me was the frequency of these events,” dos Santos Oliviera says.

    The six young plaintiffs argue that the states violate Articles 2 (Right to Life), 3 (Prohibition of Torture) and 8 (Right to Respect for Private and Family Life) of the European Convention on Human Rights. They also argue that Article 14 of the same Convention (Prohibition of Discrimination) is violated because climate change will disproportionately affect their generation. The case has been filed in September 2020 against all 27 of the member states of the EU plus Norway, Russia, Switzerland, Turkey and the United Kingdom. Taking the EU member states as a bloc, these countries make up the major emitters of greenhouse gases within Europe. The EU is not a respondent in the case but has joined as a third party intervener. The youth applicants are backed by the Global Legal Action Network (GLAN).

    Verdict would have binding consequences

    According to Gerry Liston, GLAN’s senior lawyer, a victory in this case would be “a watershed moment in the global fight for a liveable future”. “The most significant practical effect of a positive ruling would be that the position of those taking climate cases at the national level would be strengthened as they will have a judgment from Strasbourg on climate change,” he added. This is because judgments of the ECHR are legally binding, the lawyer explains. The judgment sought by the youth applicants would be “be the equivalent of a legally binding regional treaty compelling the Respondent countries to rapidly accelerate their climate action,” he explains.

    This would also imply that they will have to adopt more ambitious emission targets in national law as well as in the Nationally Determined Contributions they submit under the Paris Agreement. Since ECHR judgments in cases before national courts in Europe are “very influential”, this judgment would also provide claimants in future climate lawsuits at the national level with “a much stronger basis” on which to present their arguments, Gerry Liston further explains.

    “Actually, a win in any one of the three cases would be a win for everybody. These three cases – which have been brought by people ranging from 12 years old to over 80 years old – show that we are all affected by the climate crisis,” said Catarina dos Santos Mota (23), another youth applicant. “In our three cases, we are all trying to achieve the same goal: to force governments to take the urgent action needed to protect our human rights. A win for us would be a win for them and a win for them would be a win for us,” she added.

    For Gerry Liston, a victory in just one of the three cases would be “one of the most significant developments on climate change since the signing of the Paris Agreement” in 2015.


    • Climate complaints
    • EU climate policy
    • EU-Klimapolitik
    • Portugal
    • Schweiz

    Europe.Table editorial team

    EUROPE.TABLE EDITORIAL OFFICE

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