Environmental Solidarity and the Rule of Law in the EU System: Some Explanatory Reflections on Climate Justice Case-Law

Recent years have seen an increasing focus on climate justice, which looks at the climate crisis through a human rights lens in the belief that by working together we can create a better future for this generation and those to come. Indeed, addressing climate change raises issues of justice and equity, both between and within nations and generations in line with the solidaristic requirements of environmental law as both a relation among individuals belonging to a community of interests, and a mutual support within a group. In this perspective, moving from the environmental solidarity at the international and EU level, this chapter focus on the rule of law as legal foundation for the judicial protection of individual and collective environmental rights in order to emphasize the role of national and international courts in the progressive affirmation of a human rights-based approach (HRBA) in environmental matters and the construction of a more ethical ecological governance.