The Impact of Scientific and Technical Evidence on the Case Law of National Courts Concerning the Energy Transition

Abstract

The energy transition represents an epochal imperative of contemporary times, central to the fight against climate change and balancing economic development with environmental protection, and constitutes a legal duty arising from the international commitments undertaken by States. A comparative analysis of European experiences highlights the complexity of the regulatory solutions and the jurisprudence’s role in ensuring energy policies comply with constitutional principles. Scientific knowledge serves as a standard of legitimacy for judicial action, as exemplified by Urgenda Foundation v. Netherlands and Neubauer v. Germany, where the courts recognized the binding force of climate obligations in light of scientific evidence.