Questions concerning the climate and sustainability continue to stir up strong responses in society and are becoming ever more prominent on the agenda. These topics also raise important legal questions. A special blog series puts these important and wide-ranging issues in the spotlight. In this post, Jan-Baptist Lemaire sets out why the separation of powers-arguments often raised against judicial review of government action in climate cases do not hold.
Preliminary references are an important feature of EU law. While scholarly literature has focused on the role of judges in the process of judicial dialogue in the EU (more specifically, with regard to triggering Article 267 TFEU), that of lawyers and other non-state actors in the process has been overlooked. To date, little has been said about the motivations of these different actors who have triggered Article 267 TFEU. In this post, Angelina Atanasova draws attention to the context and the role of lawyers with regard to the preliminary reference procedure, based on a case study of Denmark. Continue reading “The role of lawyers: the crucial but overlooked actor in triggering Article 267 TFEU”