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AS THE PLANET burns, across Europe we are seeing young people and campaigners fight for environmental justice in the courts.
In Germany, the 2019 Luisa Neubauer case made history. Germany’s supreme constitutional court ruled that the Government’s climate measures were insufficient to protect future generations after a complaint from environmentalist groups.
In Portugal, young climate activists have taken a case to the European Court of Human Rights against all European countries. They argue that these countries breach their human rights by failing to make deep and urgent emission cuts, and not adequately addressing cross-border emissions.
The case has been fast-tracked, meaning the courts recognise the urgency with which it should be heard.
It does not end there; courts from Belgium to the Netherlands are ruling that governments and, in some cases, companies like Dutch Shell have a responsibility to protect the rights of people and future generations from environmental harm.
The front lines
Recently, French courts backed the climate case brought by my French Greens/EFA colleague Damien Carême MEP and ruled that France has until March 2022 to reduce greenhouse gas emissions produced within its borders.
A landmark action from Climate Case Ireland saw the Supreme Court support a motion that the then Government’s 2017 National Mitigation Plan lacked enough detail on meeting 2050 emission reduction targets.
Importantly, this case has left the door open to other constitutional challenges on environmental failings. Simply put, the citizen-led revolution is inspiring. But it should not be up to our young people to seek environmental justice through the courts. Politicians must act, so that citizens are not forced to take court action.
Climate scientists are issuing urgent warnings about heatwaves, forest fires, extreme weather, and biodiversity loss. Pakistan recently saw temperatures soaring towards 50 degrees Celsius, and in Canada, records were shattered.
Much of the town of Lytton in British Columbia was burnt to the ground as temperatures skyrocketed. Weather described as too hot for the human body to handle saw power cables melt in Portland, Oregon, in the United States.
Climate change is happening in real-time, and we all must make the change. Industry lobbyists are busy, so citizens must ensure lawmakers act on scientific evidence without delay.
Piecemeal approach
In Europe, we are seeing some moves from short-haul flights to sustainable and established rail alternatives and night trains. We are seeing laws enacted on the ‘right to repair’. There are new laws on corporate environmental liability.
Are they enough? Are the goals and targets of international agreements and well-meaning speeches going to turn the tide on climate change? Recently, the European Parliament adopted an EU climate law to reduce greenhouse gas emissions by more than 50% between 1990 and 2030.
In Ireland, a Climate Bill proposes a similar reduction over the coming decade. Such targets were unimaginable a few years ago, but we need to do more to protect our fragile earth.
The science is clear – we need robust action to reduce our emissions and reduce global warming to less than 2 to 1.5 degrees Celsius. On 14 July, the European Commission launches the mammoth ‘Fit for 55’ package, a whole series of draft directives and regulations aiming to reduce greenhouse gas emissions across all sectors by 2030.
If we want Europe to deliver on climate and the environment, then ‘Fit for 55’ must be up to the task. Weak laws with unambitious targets overturned by stronger court decisions are redundant and waste what little time we have left in the fight against climate change.
As MEPs, we will fine-tune these draft laws over the coming months to ensure they are fit for purpose. The lobbyists and vested interests are always close to hand, and we must ensure they do not control the agenda. I am proud that my political grouping, The Greens/ European Free Alliance, ensures that any meetings our MEPs hold with lobbyists are recorded on a transparency register.
It is inspiring to see such levels of engagement and activism in tackling climate change – especially from young people. I hope they continue to hold politicians accountable. However, lawmakers must be ambitious so that court actions are no longer needed to save our planet.
This will not be easy, but the transformation of our economy and our industries to a greener future is the only option if we are to pass on to our children a planet that is in a fit and healthy state.
Ciarán Cuffe is the Green MEP for Dublin.
Legal fees are incredibly high for very little, €120 for a solr to stand up on free legal aid to say we plea guilty Judge to a public order charge, it should be 3 chances of free legal aid after that u sail your own boat, enough of the molly coddling of thugs by the state
True, but the cost of legal services itself badly needs to be addressed – this profession has been protected for far far too long.
Think of the exorbitant costs of the tribunals and how much more benefit society would have gained if the same money had been invested in health or education.
Don’t get me wrong, I think accountability is important and it is right and proper that tribunals take place, but the cartel that is the legal profession has milked this to the last.
@Dave Bowery A solicitor doesn’t just meet a free legal aid client on the day of court, stand up for 30 seconds and collect their fee. What about the consultation before hand in the solicitors office? That has to be factored in. Go to an accountant and ask them how much they charge per hour. Professional services are high in general, not just solicitor fees
Colin, as someone that has been in court for being pissed (not one of my finer moments) I can tell that is exactly what they do.
*you
Agree totally dave every day that these indviduals are allowed to police themselves is another blow for democracy the levels of corruption which takes place in the courts is truly frightening and every one of us at some point get burned by them , this level of criminality in this country has to stop but i fear this goverment is not part of the solution but part of the problem .
Pay them what they pay nurses. Sound fair?
What is wrong with Irish democracy when politicians, have to get outside help to explain the obvious!
Root and branch reforms are badly needed.
If people do not believe corruption exists at african levels in our courts go to the high court on monday 14 court case no 201039sp.
The politicians want things as they are, that’s why they have never reformed or just look like they’ve changed something and take pittance cuts in their pay. They all may jump up and down in front of you, but in the Dail bar they wink and nod at each other. This country is a Basket case, If you want real reforms? Then have a revolution, otherwise nothing will change and thank the Troika for pointing at the obvious!
One thing that always amazed me as I drove up into Dublin as was made to make room for the flashing blue lights of a convoy of a prison escort was why couldn’t the judge drive to the prison to hold court instead of the prisoner being transported to Dublin at large expense?
Most court hearings will not result in a custodial sentence.
That’s what Cloverhill iis for.
I’m not 100% on this, but if I’m not mistaken the state spent half a billion on lawyers in 2011. Half a billion! WTF?
With reports this week of a cut of a 1,000 guards for a year to save ?25 million you would have to wonder what kind of a basket case country we live in.
The elite always look after themselves.
Solicitors,bankers,politicians and developers are the golden circle of this country,there not going to upset the apple cart to much with each other
And doctors. This country is a haven for the rich.
Just so you know, not every doctor in the hospital is a consultant. There are non consultant hospital doctors. Who earn a lot less and work long unpaid hours.
Ah but of course, that is jealousy of the cozy nine to five guys or those on the dole.
Are you a dr? All drs are paid extortionate salaries. Consultants pay is just mental altogether. They should bring salaries way down for drs and consultants. That way we can pay for better services for our sick people.
And how is it jealousy if someone has a 9 to 5 job if drs hours are much longer. Surely drs should be the jealous ones as there hours are soooo much longer.
There’s probably a reason you didn’t become a doctor, it’s because you have to be intelligent and work hard, the financial rewards are representative to there skill sets
Lowering yourself to insults you silly individual. I chose not to be a doctor. Good money but hours are terrible and no social life.
Bad wording by myself, It wasn’t meant as an insult. It’s the same reason I am not a doctor, if it was easy to become one, there wouldn’t be a shortage of doctors. I don’t agree with sentiments that doctors are over paid, the complexities of surgery and work that goes into becoming a doctor deserves the financial reward. The same goes to the frontline doctors in a&e, gp’s and nurses. they are well paid but not over paid. We take our health system for granted far to often.
@Phil If you work hard for something and invest for it, it is normal that you seek the financial reward that comes with it. If you wish to remain in your own job forever and not want to better yourself, then you deserve your circumstances. And you say yes the doctor work hours are long and lacking social lives. Does that mean you agree that long work hours should go unpaid? Just because we work for the government it doesn’t mean we should not be entitled to labour rights. But I guess since you want to lynch all doctors, why not chain their legs and make them work for free, you’d like that for sure
…you are wrong: check out http://www.solvemylegal.com where ordinary solicitors are quite happy to provide transparency on legal fees .. first of its kind in Ireland
One thing is for sure. Leaving aside the excessively high hourly rates for lawyers, now being severely driven down by the Taxing Masters of the High Court, the still archaic procedures of the Courts and of Tribunals have been the largest variable in the grossly excessive level of legal costs charged to people, businesses and to the tax payer of Ireland.
I would defend however the ordinary Joe Bloggs solicitor and barrister who do not work in the big law firms or in the upper ranks of the Law Library. The fruits of the practice of law are not evenly spread and the vast majority of lawyers now struggle, just like most of the rest of us, to survive. As with the rest of society solicitors firms are going out of practice because they can’t meet insurance and other overhead and reduced dead for services. Barristers are leaving the Law Library for the commercial sector and this is as it should be. No sector in society should be immune from market forces.
I will cause controversy with this observation but very few lawyers in private practice, likely none at all, have the pensions and other benefits enjoyed by the upper echelons of the public sector and trades union. Getting a judicial appointment is now the real plum.
As for the State tendering for legal services, most law firms are quoting below cost just to get the work and in he hope that it will lead to more work.
The gravy train is well and truly over for lawyers, except for the delicious clover of NAMA work, but that is a special skill and only the top legal talent in the country can do such rarified work. The rest scrabble to survive and in doing so are pretty much the same as most of the rest of us.
I will shed no tears though. Lawyers only have themselves to blame for the perceptions which have arisen and in all areas of life an entire occupation or profession will be judged by the standards of the fat cats at the top. That’s just life and many have lived well.
In fact, some lawyers lived so well in the past that they got deeply immersed in big property deals which have gone very badly wrong. Many are trying to hold on so as to avail of the new Personal Insolvency Bill when it is enacted. Bankruptcy looms for many of the former semi fat cats because they made so really bad investments.
Speaking personally, I’d welcome reform, what people mightn’t be aware of is that the current system places serious restraints on trade for practitioners into the bargain. And, as you say, it’s only very few who are making huge money from the law, the average solicitor/barrister is struggling to get by, just like everyone else.
“Getting a judicial appointment is now the real plum.”
Disagree on this, a moderately successful senior counsel or solicitor could make a lot more money.
@ voodoo, the reason for the attractiveness of the judicial appointment is not the current salary but the exceptional future benefits. That’s why barristers and some solicitors will sacrifice short term income for the pension benefits they could not possible fund out of current income.
It’s always commented on how many Td’s were teachers. However did ye notice how many are lawyers? And even more importantly its a very high percentage of ministers. Cozy cartel
That of course has nothing to do with the fact that a reasonable level of legal expertise would be helpful as a TD. That is if you want your TD’s to exercise their true legislative function?
I see no mention of the fact that we have fewer judges per head of population than almost any other country in the EU, leading to long, drawn-out proceedings, leading in turn to escalating legal costs.
No mention either of the fact that we are ranked 63rd in the world for enforceability of contracts: that’s disgraceful. We badly need better enforcement of court orders which ensure compliance with contracts; you would see a huge drop off in legal fees as a result. That will probably require some sort of cure for our society’s deeply ingrained infantilism, though.
“… notably the prohibition of the ‘solicitor’s lien’ (by which solicitors may hold a client’s file pending payment of fee).”
A moronic suggestion, it amounts to a licence to not pay for services rendered. Too many people in this country want something for nothing as is without making it worse.
Monopolies do not need to change in times of recession, unlike most other economic goods or services.
Its beyond a joke the stranglehold Kings Inns has on the profession. Its a throwback to a bygone era. That’s where the problem lies.
The entire legal system revolves around money.
In the hillbilly (sorry, District) Court, a donation to some charity is enough to have all charges , particularly those for motoring offences, dismissed. The judge makes him/herself part to a lie!
high legal costs are an economic barrier to justice. We have a public funded court system that can in practice, only be accessed through very privately controlled interest groups.
Rubbish. Simply not true. The courts are full of ordinary people being represented by lawyers who often aren’t being paid. Sick and tired of the constant lies from know-nothings eaten alive with bitterness and jealousy.
Lawyers fees are likely to double after the recent change to inheritance arrangements by the Law Society of Ireland. Why isn’t the Minister having the final say on this? The Law Society appear to have introduced this before the new reform bill was passed… This in effect risks undermining competitiveness measures under the new reform bill.
What are you on about? What do the Law Society have to do with amending either the Succession Act or the practice and procedure of the Probate Offices?
What needs to be done is inform people there are other ways of handling things. i.e. Mediation with the new bill coming in this year hopefully more people will realise that you don’t need to go through the financial hardship and stress of going through the courts. With most things Mediation can help and is far less expensive, once the mediation is completed legal council can get the agreement made into a court order where appropriate so everyone is reasonably happy with the outcome not just legal council!
Disclaimer I run an online or teleconferencing Mediation service
Lochlann
http://www.helplink.ie
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