No climate litigation has been brought by a citizen/group of citizens challenging Denmark’s national climate policy. Several reasons could be suggested for this lack of litigation. To have standing, the claimant must have sufficient individual and significant interest. Abstract claims will not be admitted. In Denmark, this includes a claim that the Danish government has failed to comply with its climate change obligations. There are also other possible reasons, such as the risk of having to pay the costs of the opponent in Danish courts, the lack of courts that specialise in environmental or climate law and the lack of a fundamental right to a healthy environment in the Danish Constitution.
For more country specific context and relevant national climate change law see: https://climate-laws.org/geographies/denmark
This country report has been produced by Catherine Hall, C2LI Senior Research Assistant and Esmeralda Colombo, C2LI Legal Analyst. This summary is based on Birgitte Olsen for the 2018 International Academy of Comparative Law Biannual Conference in Fukuoka, Japan.