Law as Narrative in the Democratic Transformation Process: Ideational Power in European Climate Change Litigation

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, pp. 55–76

Abstract

European law has long been a basis as well as product and producer of European integration.Moreover, it serves not only as a regulatory tool but also as a medium for shaping social realities amid ongoing crises such as climate change, digitalisation, and globalisation.However, the increasing emotional fragmentation among citizens, and growing polarisation and, in EU case, euro-skepticism in politics pose challenges to effective governance and democratic engagement.These challenges only magnify when coupled with transformation processes.On the other hand, law may provide a particularly suitable means of coping with these challenges.Accordingly, this chapter aims to explore how law can function as a narrative in political discourses supporting these transformations.Drawing on theories from neo-institutionalism and narrative studies, the chapter develops an analytical framework to investigate how law is utilised in political narratives during transformative processes.This framework is applied to two significant cases of climate change litigation within the EU multi-level system: the 'People's Climate Case' and the case of the 'KlimaSeniorinnen'.These cases illustrate how legal narratives can frame complex climate issues while seeking legitimacy for policy solutions.The analysis highlights that political narratives surrounding legal frame works play a critical role in legitimising policy decisions and addressing pressing societal concerns.The findings also point to the need for further research regarding more policy fields, particularly concerning democratic

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