The state’s climate policy is illegal. This is the opinion of the Aurora network, which is now suing the Swedish state. But it will take several years before we get a possible verdict, according to Jonas Ebbesson, professor of environmental law.
Behind the lawsuit, which after two years of preparation was submitted to the Stockholm District Court on Friday, are over 600 children and young people. The background is that the young people believe that the Swedish climate policy is illegal.
Rich countries have greater responsibility
There is no doubt that the Swedish state has obligations to comply with Swedish environmental legislation, the Paris Agreement and the European Convention. But the question is whether it has done so or not. There are different ways of calculating whether a country lives up to its commitments in the Paris Agreement, among other things because of the justice aspect that gives rich countries a greater responsibility in climate work.
– A crucial question is whether there is legal support to determine Sweden’s “fair share” of the global measures in the way that Aurora claims, that is, whether they have legal support for their claim, says Jonas Ebbesson, professor of environmental law at Stockholm University.
Two demands in the suit
The summons application contains two requirements. Primarily, Aurora wants the court to establish that the state has violated the European Convention through its climate policy. This is different from the high-profile case in the Netherlands where they wanted the court to order the state to implement emission reductions. This led to the state being forced to tighten its climate targets and reduce its emissions.
Aurora has as a secondary claim in its lawsuit that the court must order the state to take the necessary measures.
Complements?
The first question, however, is whether the lawsuit, which consists of just over 100 pages, will be processed by the court.
– I think that the court will examine the matter on its merits, possibly wanting to submit some supplementary questions. After that, the state will give its answer and then we will get a better picture of the situation, says Jonas Ebbesson.
If there is a legal process, according to him, it is likely to take several years.
TT: If there is a conviction, what will that mean?
– It would have clear consequences. Regardless of the government, it would be a political goal in itself not to take it seriously. It would also show the outside world that Sweden does not follow the laws that we have committed to follow.
According to Aurora, the state is failing in several areas. Among other things, it has not investigated how large a share of the global climate work Sweden will be responsible for. In addition, feasible plans for extensive emission reductions are lacking.
In addition to the Netherlands, activists in Belgium and Germany have been successful in suing the state.
In the player above: Hear the professor’s analysis of Aurora’s chances