Αρχική Εθνικός Κλιματικός Νόμος – Μετάβαση στην κλιματική ουδετερότητα και προσαρμογή στην κλιματική αλλαγήΚΕΦΑΛΑΙΟ Α’ ΣΚΟΠΟΣ, ΑΝΤΙΚΕΙΜΕΝΟ ΚΑΙ ΟΡΙΣΜΟΙ Άρθρο 1 ΣκοπόςΣχόλιο του χρήστη ClientEarth | 28 Ιανουαρίου 2022, 13:37
  • Σχόλιο του χρήστη 'ClientEarth' | 28 Ιανουαρίου 2022, 13:37

    1 Introduction We welcome the initiative of the Greek Government to adopt a Climate Law in order to achieve the international and European commitments to battle climate change. This law is much needed in a country that is extremely vulnerable to climate change as witnessed by natural disasters in recent years that have taken human lives and have damaged nature, health and properties. To avoid such events in the future and to meet the Paris Agreement and EU climate targets, the current text needs to be strengthened. We suggest that the draft is amended to reflect the following three recommendations: • Integration of and compliance with general principles of international and EU law; • Inclusion of explicit duties for the State/ public administration to act consistently with climate law; • Creation of an independent cross sectoral advisory body; • Comments on specific Articles of the Climate Law. 2 General recommendations to improve the draft law 2.1 Integration of and compliance with general principles Climate legislation should include provisions to clarify that government action on climate goals and targets must be taken consistently with existing social and environmental principles and national objectives. This is due to the fact that the Climate law is meant to apply on a variety of sectors. Action on mitigation and adaptation will require regulatory and legislative changes in a wide range of areas but will also need to work with and complement other regulatory frameworks. To introduce general principles will acknowledge the complexity of decisions that government must make when pursuing emissions reduction. Additionally, it ensures that policies and plans are made under the law, respecting existing environmental, human rights, and other legal frameworks. With this it is ensured that the policy choices on climate action are a win-win retaining public support. The draft law should consider integration of and alignment with the following non-exhaustive list of principles: • Integration principle as defined in Article 11 TFEU with a national focus; namely that ‘Environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’; • Principle of sustainable development as included in Article 3 TEU, Article 21 TEU concerning the external action of the Union; and in Article 11 TFEU setting the integration principle; • Precautionary and prevention principles as stated in Article 191 TFEU and further specified in the secondary legislation; • Energy efficiency first principle as defined in Government Regulation 2018/1999 ‘Taking utmost account in energy planning, and in policy and investment decisions, of alternative cost-efficient energy efficiency measures to make energy demand and energy supply more efficient, in particular by means of cost-effective end-use energy savings, demand response initiatives and more efficient, in particular by means of cost-effective end-use energy savings, demand response initiatives and more efficient conversion, transmission and distribution of energy, whilst still achieving the objectives of those decisions’; • Just transition: The concept of just transition ensures that those whose livelihoods may be affected by the transition to a low carbon economy are protected and given sufficient support and time to adapt to those changes. This is especially important in the case of lignite areas in Greece; • Energy justice and democracy; • Human rights: Recognition that climate policy ought to be implemented consistently with national, European and international human rights legislation or international human rights treaties to which the state has committed. 2.2 Inclusion of explicit duties for the State and public authorities to act consistently with the Climate Law The Climate Law will be effective only if State/governmental/public administration action is consistent with its provisions, as also provided in Article 6(4) of Regulation 2021/1119 ‘European Climate Law’. Therefore, the Climate Law must include explicit duties as follows: 2.2.1 Explicit State/public authorities duty to meet long-term and interim targets The primary focus of the Climate Law is to secure economy-wide emissions reductions that guides the government policy and decision making. However, the law does not include an explicit duty for the State and public authorities (including ministries and independent authorities) to ensure that both long-term and interim term GHG reduction targets are met, with ultimate responsibility for achievement sitting as high as possible in government. The Climate Law should therefore set clear requirements for the long-term greenhouse gas (GHG) reduction targets, as well as reasonable interim targets. These targets must be set consistently with the ‘best available science’ and the state’s international obligations under the Paris Agreement, including, most crucially, the principle of ‘highest possible ambition’. Finally, the requirements should provide the framework of a correct setting to meet these targets accordingly. To keep these long-term targets on track, it is required to set clear interim targets that operate both in the short and medium-term. There is also a need to conduct progress assessments at frequent intervals. This has to be used to undertake any required course corrections. Therefore, governance processes to encouragee and monitor the implementation of policies and plans are important. 2.2.2 Decision-makers’ duty to act consistently with the Climate Law targets The Climate Law should also impose duties on decision- makers throughout government to act and / or make relevant statutory or policy decisions consistent with the emissions targets and budgets established in national climate law, in line with the provisions of the European Climate Law. Duties to act consistently with the target are just as important as the duty to meet the overall GHG emissions reduction target, in order to: • ensure that the emissions implications of policies and decisions are calculated and taken into account as they are made and before the consequences of such decision on climate targets occur; • require regular re-assessment of policies and decisions enabling their monitoring and adjustment over time; and • encourage mainstreaming of climate concerns across government. The Climate Law should focus on crafting effective duties to make relevant policy and day-to-day operational decisions consistent with overarching GHG reduction targets. These duties should apply to decision-makers throughout different levels of government, but most critically, to heads of departments and ministers. Finally, such duties should be aimed at driving the integration of climate reduction targets and policies in departments regulating (inter alia) energy, fishery, land use planning, transport, agriculture, forestry and finance. The law should require the development of an overarching national central policy that allows for devolved decision making at the local level by the active involvement of municipalities. 2.2.3 Enforceability and binding effect Decision-makers should be legally bound to meet the GHG reduction targets, and to monitor the progress in achieving those targets. Both public and political accountability mechanisms should be designed to ensure these requirements are met. Traditionally the Greek legal system makes great symbolic use of the power of the law to elevate government goals and aspirations beyond the merely political – and with good effect. As such, government scan be held accountable for the consequences of not performing in line with goals that on their face appear strong. We therefore suggest that the Greek Climate law is amended to include: • legally binding language to impose specific, measurable and enforceable duties on government; and • provisions on public enforcement on both merits and judicial (administrative) review by allowing timely access to justice for all. • Provisions that ensure proper public participation and access to information 2.3 Creation of an independent cross sectoral advisory body Independent scientific advisory bodies are also important for accountability and credibility of the law, as they can assist to depoliticise the process of decision-making and ensure that policies are based on politically neutral evidence. The ability of such advisers to generate public trust cannot be overlooked. Independent advisory bodies can facilitate public participation by being tasked with consulting the public about climate impacts, as well as adaptation and mitigation measures. The body should be composed of prominent experts who are recognised as authorities in their respective fields internationally, covering climate science, economics, behavioural sciences and relevant sectoral expertise. We emphasise that the body should: • be established to be independent of government (both financially, administratively and in relation to appointments); • be empowered to advise based on the “best available science” and policy developments, including on matters related to the national emissions reduction targets, carbon budgets (interim targets), mitigation pathways and the assumptions and models underpinning them, and best practice mitigation and adaptation policy; and • be empowered to monitor and review the government’s progress to achieving the overall GHG reduction goal and interim targets; • be empowered to conduct consultations with all stakeholders; and • receive sufficient funding in order to carry out the above functions. We observe the provision of two advisory bodies in Article 26 of the Climate Law: Governmental Committee for Climate Neutrality, as well as of the National Council for Climate Change Adaptation (NCAC). It would be crucial to ensure the independence of both bodies from the relevant governmental and ministerial institutions. Finally, it would be useful to provide for appeal before the advisory committee as part of the administrative review procedure of the law, before the recourse to the judicial process, in order to accelerate the process. 3 Conclusion We welcome the proposal of the Climate Law, as well as the broad participation in the public consultation. The existing text of the Climate Law constitutes already a progressive gesture on behalf of the Greek State. We believe, however, that the Climate Law shall function as an ‘umbrella law’, include Greece’s legal principles and main commitments regarding its climate legal framework. We believe that the Climate Law can benefit from the lessons of the European Best Practices on Climate legislation. We strongly recommend that the Climate Law is amended to be in compliance with the European Climate Law and in accordance with our recommendations as described above.