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Revue Juridique de l'Environnement

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Penalty payment, the ultimate remedy against the state’s inaction in climate litigation Volume 49, issue 1, March 2024

Author

Doctorante, Université Toulouse 1 Capitole

Institut Maurice Hauriou (EA 4657)

There is a growing trend of court actions concerning climate-related litigation, particularly to the administrative judge. While this can be attributed to the practices of the parties involved, it is evident that this increasingly systematic recourse contributes to define the powers of the administrative judge in this matter. Thus, at the intersection of appeals for abuse of power and full litigation, the administrative judge clarifies his role and demonstrates pragmatism in monitoring the execution of his decisions. Faced with the imposition of "record" penalties, questions arise regarding the appropriateness of these enforcement measures.