Climate adaptation law: a European perspective

Abstract

In contrast to climate protection law, which regulates the mitigation of climate change, climate adaptation law deals with the management of the unavoidable consequences of climate change. This article provides an overview of its legal basis from a European perspective. In addition to international law, especially the Paris Agreement, EU law is of central importance in this respect. It is primarily shaped by the EU Climate Law enacted in 2021. However, this Law only sets a general framework and is further defined by legal acts of various sectoral policies, especially in the field of environment. Climate adaptation regulations at the level of European member states are presented using the example of Germany, where a Federal Climate Adaptation Act is currently being drafted. Due to Germany's federal state structure, state legislation is also analysed. Most of the German states (“Länder”) have their own climate laws, although their content varies. The municipal level is only addressed with restraint in these laws. The reasons for this are of a fiscal constitutional nature and will be explained in more detail.