Climate Change Litigation: Receptiveness of Polish Constitutional Order

Abstract

The article examines the evolving role of climate change litigation (CCL) in addressing the global climate crisis, with particular emphasis on its relevance within the context of Polish constitutional norms. Climate change litigation is increasingly recognized as a strategic tool (SCCL – Strategic Climate Change Litigation) for driving systemic changes in environmental governance, as it uses legal frameworks to formulate climate responsibility. The study is divided into three sections. The first examines the global development and historical trajectory of climate change litigation, highlighting landmark rulings and the integration of human rights arguments related to so-called climate rights. The second explores the transnational significance of SCCL, emphasizing its influence on broader environmental governance frameworks. The third assesses the potential for the reception of (S)CCL mechanisms within the Polish constitutional order, analyzing relevant constitutional norms and the potential for judicial engagement in climate governance. Using an interdisciplinary, comparative legal approach, this study contributes to the ongoing discourse on environmental constitutionalism, the role of courts in global climate governance, and the intersection of national legal systems with international environmental standards. The authors provide insights into the theoretical, normative and practical implications of strategic climate litigation, particularly in the Polish context. The article aims to deepen understanding of its potential impact on the use of national constitutional frameworks.