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Earth Government The Courts Politics

Judge Orders Dutch Government To Finally Take Action On Climate Promises 242

New submitter Errol backfiring writes: Although the Dutch government has promised to make sure carbon emissions are lowered considerably, they have consistently failed to take action. Dutch climate group Urgenda and Dutch citizens have gone to court to force the government to take action, and the verdict (linked page is in Dutch) is that the government must reduce emissions by at least 25% compared to 1990 leves.

This 25% cut is seen as the minimum effort needed to keep the people safe from climate change dangers. 25% to 40% is the norm in international climate policy. The verdict is also important for similar climate groups in other countries.
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Judge Orders Dutch Government To Finally Take Action On Climate Promises

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  • This is upside down. The elected government is sovereign, and derives its necessary powers from the consent of the people.

    The correct way to change a government's course is by electing new people. Did the people of Holland appoint a judge to overlord the elected government?

    • Re:Now what? (Score:4, Informative)

      by NoOneInParticular ( 221808 ) on Wednesday June 24, 2015 @04:04PM (#49980303)
      If the executive branch of government breaks the law, they will be judged. The legislative branch has the power to change the law, but that requires a majority in both houses. The current Dutch executive branch does not have a majority in both houses, so they are shit out of luck. The elected government is formed by the two houses, so I guess I would say that the elected government is not entirely in sync with the executive branch here. There are many subtleties here that have to do with how Dutch government is constructed, but the situation is by no means outrageous. It seems that Trias Politica is working here.
    • I think the Dutch government have something similar to the UK Human Rights Act. This makes the rights defined in the European Convention on Human Rights enforceable in the Dutch courts. The parliament could change that law but unless it does the courts can instruct the executive in how to apply the law so as to maintain those rights.

      A quick google also suggests that international treaties which the Netherlands has ratified may be directly enforcable in the Dutch courts without needing additional laws to be

    • The government is an entity, like a company.
      If the current government is not behaving as you expected when you elected it, the only way is to sue them.
      Or do you really want to wait for the next ELECTION?

      There is no way to vote a government or parliament out of office.

      And for starters: the government is not elected by the people. Only the 'head of state' is elected by the parliament, which is elected by the people, and the REST OF THE GOVERNMENT IS APPOINTED BY THE HEAD OF STATE!!!

      You con not vote for those

    • by Xest ( 935314 )

      No, we grew past this idea in Europe after World War II after we found out the hard way that elected governments can do bad things.

      The government of the day builds on law created by previous governments, the government is bound by the law as much as anyone, they don't get special status. As such you need someone to hold the government to those laws, and that's what the judiciary is for.

      Though it's not really even remotely just a European thing. One might equally ask Americans why a few hundred year old piec

  • It can't happen in the modern economy which is based on consumption.
  • One problem I see... (Score:4, Interesting)

    by Chris Mattern ( 191822 ) on Wednesday June 24, 2015 @01:16PM (#49978817)

    ...the government can't just wave its arms and say, "Emissions be gone!" So the date gets here and the reduction isn't achieved, the court will do...what, exactly?

    • Hold the members of government in contempt and jail them for failing to follow a court order?
      • Hold the members of government in contempt and jail them for failing to follow a court order?

        Who would arrest them?

        The members of government have their own security services, do you honestly think you could arrest the entire government?

        • It would be worth a try.
        • Re: (Score:2, Insightful)

          by blue9steel ( 2758287 )
          So the police attempt to carry out the order, the Dutch parliament fights back by using the military to seize control. Recognizing the emergency nature of the situation they quickly pass a new law empowering a small "council for citizens safety" to make quick decisions. The council declares martial law and throws all of the Judges and activists in prison as "enemies of the state". With power consolidated and internal dissent quelled they surprise the world by launching an invasion of Belgium beginning wi
      • That the government, to avoid that, can use force to reduce the numbers. Specifically forcing industry and citizens to produce less CO2. Things like checks to see how much you drive and prison if you go over, forced shutdown of industry, etc.

        If you aren't ok with that, then you can't very well say the government should be arrested. After all, they themselves don't produce all the CO2, society at large does. They can't magic it away, meaning the only thing they can do is force citizens to comply.

        • by sjames ( 1099 )

          It can also employ the carrot rather than the stick. That could include low/no cost loans or grants to install alternative energy solutions, putting up free charging stations for electric cars that use alternative energy, etc.

          Only a mental defective defaults to the stick when the carrot will do the job.

      • Hold the members of government in contempt and jail them for failing to follow a court order?

        ...and then the government will pass laws making such rulings illegal and limiting the powers of the courts. Then you end up with messy infighting between the courts and government which introduces considerable doubt into who has the authority to do what which will undermine both of them.

    • Mainly embarrass them publicly. Perhaps as the date gets closer if there is no realistic plan and/or no progress they will start issuing more specific instructions. A bit like the US federal courts when states don't do things they are constitutionally required to -- they start out saying "make it so" and get as detailed as they are forced to.

    • by Xest ( 935314 )

      There's not much they can do to specifically enforce it, but it probably opens the door for citizens whose property is damaged because of climate related issues to be able to claim compensation from the government I imagine.

      If the government hasn't done what it both said and was legally obliged to do, and someone suffers loss as a result then it would seem to be a fairly clear cut case for compensation.

  • The issue I generally have with governments defining targets to meet, is that they rarely have an indication of how they plan to achieve these goals. Plucking an election pleasing number is fine, but without a real method it is just meaningless marketing.

    Is anyone aware of any document or site that indicates how various countries are planning to meet their targets?

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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