In February 2024, a paper titled “Possibility of Extending Legal Standing under Article 263 (4) TFEU in the Matter of Climate Litigation” written by Professor Yumiko Nakanishi of the Graduate School of Law was published from the Hitotsubashi Journal of Law and Politics. In this paper, Professor Nakanishi analyzes the potential and necessity of revising the Plaumann judgment, which has historically restricted the legal standing of individuals and NGOs before the Court of Justice of the European Union (CJEU). Professor Nakanishi points out that the number of climate litigation cases led by young people and environmental NGOs has been increasing globally, especially in Europe, with plaintiffs prevailing in a notable number of cases. However, she notes that due to the Plaumann judgment, individuals and NGOs are not granted legal standing, leading to significant legal challenges. Through her examination of this judgment, Professor Nakanishi raises three key issues: first, whether the EU’s legal order has established a complete system of legal remedies and procedures; second, whether the Plaumann judgment is an absolute precedent; and third, whether adherence to the Plaumann judgment is appropriate from the perspective of the EU’s accountability to its citizens.

https://hermes-ir.lib.hit-u.ac.jp/hermes/ir/re/82199/?lang=1