De constitutioneel meer legitieme manier van toetsing Urgenda voor het Hof Den Haag

In the renowned Urgenda case, on official targets to reduce CO₂ emissions, the Court of Appeal of The Hague upheld the judgment at first instance. At first sight it did so in the constitutionally more legitimate manner of using directly effective fundamental rights, notably Artt. 2 and 8 ECHR, instead of the soft-law and not directly effective international standards that were used at first instance. However, upon closer scrutiny, these still play a decisive role in determining the positive obligations under the ECHR. These and other separation of powers problems connected to judicial review of democratically legitimated action by the legislature and executive have not been overcome after all.