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2 The Commission maintains a Register of Expert Groups and Other Similar Entities at http://ec.europa.eu/transparency/regexpert/index.cfm. If we consider ‘informal experts’ engaged by all Directorates General, then the number may well exceed twelve thousand experts. Field, Mark, The Anatomy of EU Policy-making: Appointing the experts, in Agency and Influence Inside the EU Institutions, at 1–19 (Servent, Ariadna Ripoll et. al. eds. 2013)Google Scholar.

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4 Final decision-making powers have been conferred on aviation, chemicals, energy and financial authorities, among others.

5 Busuioc, supra note 3, at 401.

6 http://corporateeurope.org/expert-groups/2014/10/parliament-freezes-problematic-expert-groups-budget-second-time-four-years.

7 European Commission, European Governance – A white paper COM(2001)428. For an account of how the White Paper tried to establish different aspects of the Commission's legitimacy; i.e. with respect to its structure, its relationship with citizens and its functional approach towards policy, see Walker, Neil, The White Paper in Constitutional Context in Mountain or Molehill? A Critical Appraisal of the Commission White Paper on Governance, at 33–53.(Joerges, Christian et. al. eds. 2001)Google Scholar.

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9 Communication from the President to the Commission, Framework for Commission Expert Groups: Horizontal rules and public register SEC (2010) 1360.

10 Guidelines, at 9.

11 Take for instance Winston Churchill's belief that ‘scientists should be on tap, not on top’. This does not take away from the fact he rendered a more favourable ear to some scientists over others; he especially valued Frederick Lindemann because he could ‘translate complicated facts and theories in a way he [Churchill] could understand.’ See Rogers, Michael D., The European Commission and the Collection of Science and Technology Advice, in The Politics of Scientific Advice 116 (Lentsch, Justus and Weingart, Peter eds. 2014)Google Scholar.

12 Guideline 11.

13 Id, Guidelines 3–9.

14 Horizontal Rules, Rule 4(2).

15 Rule 8.

16 Rule 9(3) and Guideline 8.

17 Martin Krygier, Four Puzzles about the Rule of Law: Why, What, Where? And Who Cares? 50 NOMOS 64 (2013).

18 Scrutiny should not be mistaken for intervention; a judge may decide after extensive engagement to intentionally shy away from intervention. The ‘deference’ and ‘scrutiny’ approaches are what theoretically distinguish the Frye and Daubert tests respectively as discussed in Section II.B.

19 Dąbrowska-Kłosińska, Patrycja, Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union , in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation 192 (Gruszczynski, Lukasz and Werner, Wouter eds. 2014 CrossRefGoogle Scholar.

20 Case T-13/99, Pfizer Animal Health SA v Council, 2007 E.C.R. II-3305.

21 For a discussion, see Maria Lee, EU Environmental Law, Governance and Decision Making 42 (2014).

22 Serre, Eric Barbier de la and Sibony, Anne-Lise, Expert Evidence before the EC Courts, 45 Common Market Law Review 941(2008)Google Scholar.

23 For a review of the cases, see Alberto Alemanno, Science and EU Risk Regulation: The role of experts in decision-making and judicial review, in EUROPEAN RISK GOVERNANCE: ITS SCIENCE, ITS INCLUSIVENESS, AND ITS EFFECTIVENESS (Ellen Vos ed. 2008).

24 Id at 4.

25 Van Zeben analyses competence allocation by categorising competence into norm-setting, enforcement and implementation. Josephine Van Zeben, The Allocation of Regulatory Competence in the European Emissions Trading Scheme (2014).

26 Id.

27 For a review, see Lenschow, Andrea, Europeanisation of Public Policy, in European Union: Power and Policy-Making (Richardson, Jeremy ed. 2006), pp. 55–69 Google Scholar

28 See Pollicino, Oreste, The New Relationship between National and the European Courts after the Enlargement of Europe: Towards a Unitary Theory of Jurisprudential Supranational Law? (2010) 29:1 Yearbook of European Law 65 CrossRefGoogle Scholar.

29 See for instance Cohen, Matilde, Reason-Giving in Court Practice: Decision-makers at the Crossroads 14 Columbia Journal of European Law 77 (2008)Google Scholar.

30 Sheila Jasanoff, Designs on Nature: Science and Democracy in Europe and the United States 93 (2011).

31 For an appraisal, see Sabel, Charles and Zeitlin, Jonathan, Learning from Difference: The new architecture of experimentalist governance in the EU 14 European Law Journal 271 CrossRefGoogle Scholar.

32 Sabel and Zeitlin provide a snapshot of the complexities. Id, at 274 .

33 For the argument that the internal market serves as the signifier of European constitutionalism, see Suryapratim Roy, Justice as Europe's Signifier, in Europe's Justice Deficit?, 79 – 96 (Dimitry Kochenov, Grainne de Burca and Andrew Williams eds. 2015).

34 Barbier de la Serre and Sibony, supra n 22, at 985.

35 Id. at 977.

36 See Jasanoff, supra note 30, at 84–93. The ethical interest in biotechnology policy was influenced by transatlantic influence, in-fighting between different Directorates within the European Commission, the attempt by the Commission to secure political capital vis-a-vis the Member States and the citizens of Europe.

37 An overview can be found on http://ec.europa.eu/epsc/ege_en.htm.

38 “History will one day record definitively the revolutionary character of Daubert v. Merrell Dow Pharmaceuticals, Inc.” David L. Faigman, The Daubert Revolution and the Birth of Modernity: Managing scientific evidence in the age of science 46 U.C. DAVIS LAW REVIEW 893, at 929 (2013).

39 509 U.S. 579 (1993).The primary issue in the case was whether birth defects in the petitioner's children could be attributed to the drug Benedectin produced by the respondents.

40 Frye v. United States, 293 F. 1013, D.D. Cir. 1923. The D.C. Appellate Court famously disallowed the use of the polygraph test till there was a ‘general acceptance’ among the ‘relevant scientific community’.

41 Cole summarises the difference as follows: “Whereas Daubert asks the court itself to render a judgment as to whether the proffered evidence is reliable, Frye directs the court to defer to the judgment of the ‘relevant scientific community.” Simon A. Cole, Out of the Daubert Fire and into the Fryeing Pan: Self validation, meta expertise and the admissibility of Latent Print Evidence in Frye jurisdictions, 9 Minnesota Journal of Law, Science and Technology 453, at 460 (2008).

42 522 U.S. 136, 118 S. Ct. 512 (1997).

43 526 U.S. 137 (1999).

44 Raul, Alan Charles and Zwyer, Julie Damper, Regulatory Daubert: A proposal to enhance judicial review of agency science by incorporating Daubert principles into Administrative Law, 66 Law and Contemporary Problems 7 (2003)Google Scholar. Some commentators have argued that Daubert shifts the policy function to the judiciary, as judge-made ‘rhetorical’ standards are used by administrative agencies to decide on the quality and nature of expert information. Kelly, Claire R., The Dangers of Daubert Creep into the Regulatory Realm 14 JOURNAL OF LAW AND POLICY 165 (2006)Google Scholar.

45 Brewer, Scott, Scientific Expert Testimony and Intellectual Due Process 107 Yale law Journal 1535, at 1547 (1998)Google ScholarPubMed.

46 See Leslie Morsek, Get on Board for the Ride of Your Life-The ups, the downs, the Twists, and the Turns of the Applicability of the Gatekeeper Function to Scientific and Non-Scientific Expert Evidence: Kumho's Expansion of Daubert, 34 Akron Law Review 689 (2000).

47 For an account of the actors and associations that informed the politics of the Frye standard, see Lepore, Jill, On Evidence: Proving Frye as a Matter of Law, Science, and History 124 THE YALE LAW JOURNAL 882 (2015)Google Scholar.

48 Kaye, David H., On Falsification and Falsifiability: The First Daubert Factor and the Philosophy of Science 45 JURIMETRICS 473 (2005)Google Scholar.

49 The plaintiffs who might be the most adversely affected are those who rely on non-corporate non-traditional forms of expertise such as those seeking relief in mass tort and employment discrimination claims. See Heinzerling, Lisa, Doubting Daubert 14 JOURNAL OF LAW AND POLICY 65 (2006)Google Scholar.

50 Edmond, Gary, Supersizing Daubert Science for Litigation and Its Implications for Legal Practice and Scientific Research 52 Villanova Law Review 857 (2007)Google Scholar.

51 As Hackney puts it, ‘It is an unfortunate aspect of Daubert that it is poorly designed to weed out junky claims made by a party with the resources to dress them up in scientific clothes with tests, paid experts, and friendly publications. But if the legal system allows the Daubert standard to be no more than a tool of the party with the greater resources, then it allows litigants to make a mockery of both science and justice.’ Ryan Hackney, Flipping Daubert: Putting climate change defendants in the hot seat 40 Environmental Law 255, at 293 (2010).

52 For a similar line of reasoning, see Cole, Simon A., Where the Rubber Meets the Road: Thinking about expert evidence as expert testimony 52 VILLANOVA LAW REVIEW 803 (2007)Google Scholar. Cole, however, limits his analysis to oral testimony offered before judicial bodies. The idea that the consideration of all textual materials in legal reasoning amounts to an engagement with testimony is found in Karen Petroski, Texts versus Testimony: Rethinking legal uses of non-legal expertise 35 University of Hawaii Law Review 81(2013).

53 Environmental Audit Committee, House of Commons, UK, Personal Carbon Trading: Government Response to the Committee’s Fifth Report of Session 2007-2008, London, May 26, 2008.

54 For a review, see Roy, Suryapratim and Woerdman, Edwin, Enduser Emissions Trading: What, why, how and when in EUROPEAN ENERGY LAW REPORT IX (Wooley, Olivia and Roggenkamp, Martha eds. 2013)Google Scholar.

55 Brewer, supra note 45, at 1681.

56 Shove, Elizabeth, Beyond the ABC: Climate change policy and theories of social change 42 ENVIRONMENT AND PLANNING A 1273, at 1274 (2010)Google Scholar.

57 Id. at 1283.

58 Whitmarsh, Lorraine, O’Neill, Saffron and Lorenzoni, Irene, Commentary: Climate change or Social Change? Debate within, amongst and beyond disciplines 43 Environment and Planning A 258, at 259 (2011)Google Scholar.

59 Elizabeth Shove, Commentary: On the difference between chalk and cheese 43 Environment and Planning A 262 (2011).

60 Id. at 263.

61 Schlag has parodied the use of exhaustive references as a claim to justification. Pierre Schlag, Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art) 97 Georgetown Law Journal 803 (2009). In one footnote he writes: ‘Excuse me, hello, but could I possibly get some cites here, maybe?’ fn 6, at 804.

62 The development of the idea of an epistemic community is attributed to Peter Haas, especially in relation to the politics that inform environmental policy. Haas, Peter M., When Does Power Listen to Truth?: A constructivist approach to the policy process 11 Journal of European Public Policy 569 (2004)CrossRefGoogle Scholar.

63 For an account of the events and associations that served as milestones in the ascendancy of behavioural economics within the history of economic thought, see Floris Heukelom, Behavioral Economics: A History (2014).

64 Gerd Gigerenzer in particular questioned the methods used by Kahneman and Tversky over a series of articles and exchanges. See for instance, Gigerenzer, Gerd, On Narrow Norms and Vague Heuristics: A rebuttal to Kahneman and Tversky 103 PSYCHOLOGICAL REVIEW 592 (1996)CrossRefGoogle Scholar.

65 A detailed methodological interrogation of Kahneman and Tversky’s foundational work, including the strong inference method is found in Lola L. Lopes, The Rhetoric of Irrationality 1 Theory & Psychology 65 (1991).

66 Hence Lopes: ”…the sheer weight of all the wrong answers tends to deform the basic conclusion, bending it away from an evaluatively neutral description of process and toward something more like ‘people use heuristics to judge probabilities and they are wrong’ or even ‘people make mistakes when they judge probabilities because they use heuristics.’” Lopes, supra note 65, at 73. This may indicate why scholars such as Vernon Smith who conduct economic experiments that manipulate the conditions till participants reach rational behaviour are at odds with the methodology employed by Kahneman and Tversky. For an overview of such conflicts, see generally FLORIS HEUKELOM, supra, note 67.

67 Lopes, supra note 65, at 76.

68 Thus, knowledge about human behaviour is integrally linked to the way such knowledge is presented. This line of reasoning – though not directed at psychological experiments – motivates Bruno Latour's work on the sociology of science, including the way economics as a discipline shapes itself.

69 Lopes, supra note 65, p. 73.

70 Owen Jones, Why Behavioral Economics Isn't Better and Why it Could Be, in Research Handbook on Behavioural Law and Economics (J. Teitelbaum & K. Zeiler eds. 2015).

71 Roy, Suryapratim, Privileging (some forms of) Interdisciplinarity and Interpretation: Methods in comparative law 12 International Journal of Constitutional Law 786 (2014)CrossRefGoogle Scholar.

72 Yeung, Karen, Nudge as Fudge 75 Modern Law Review 122 (2012)CrossRefGoogle Scholar; Frerichs, Sabine, False Promises? A sociological critique of the behavioural turn in Law and Economics 34 Journal of Consumer Policy 289 (2011)CrossRefGoogle Scholar.

73 Selinger, Evan and Whyte, Kyle Powys, Nudging Cannot Solve Complex Policy Problems 1 European Journal of Risk Regulation 26 (2012)Google Scholar.

74 Thaler, Richard H., The Psychology of Choice and the Assumptions of Economics, in Quasi Rational Economics 138 (Thaler, Richard H. ed. 1991)Google Scholar.

75 Id.

76 This endeavour has been usefully characterised as ‘fitting and repairing the rational-choice model.’ Werner Güth, (Non) Behavioral Economics: A programmatic assessment 216 Zeitschrift Für Psychologie 244 (2008).

77 Mirjam-Sent, Esther, Behavioral Economics: How Psychology Made Its (Limited) Way Back Into Economics 36 History of Political Economy 735 (2004)Google Scholar.

78 Sunstein, Cass, Deciding by Default 162 University of Pennsylvania Law Review 1, at 13 (2013)Google Scholar.

79 Berg, Nathan, Normative Behavioral Economics 32 Journal of Socio-Economics 411, at 419 (2003)CrossRefGoogle Scholar.

80 It may be noted that social psychologists have made similar arguments regarding the limited explanatory potential of evolutionary biology, and the primary methodological technology it employs–the differential equation. Mazahrin Banaji and Robert Crowder, Experimentation and its Discontents, in Theoretical Aspects of Memory (P.E. Morris and M. Gruenberg eds.1994), at 303 – 305.

81 Martin Kusch, Towards a Political Philosophy of Risk: Experts and publics in deliberative democracy in Risk: Philosophical Perspectives 131 (Tim Lewens ed. 2007).

82 Schlag, Pierre, Nudge, Choice Architecture and Libertarian Paternalism 108 Michigan Law Review 913 (2010)Google Scholar. The cumbersome activity of determining individual instances of whether experts can be trusted can be eased by assessing the trustworthiness of experts. See Elizabeth Fricker, ‘Second-Hand Knowledge’ (2006) Vol. LXXIII Philosophy and Phenomenological Research 592.

83 William Boyd, Douglas Kysar and Jeffrey J. Rachlinski, Law, Environment and the “Nondismal” Social Sciences 8 Annual Review of Law and the Social Sciences 183, at 205 (2012).

84 Id.

85 A Westlaw International combined world journals and articles search reveals that 17 articles in total refer to C.A.J Coady, the most noted testimony scholar, as against 3685 articles that refer to Daniel Kahneman.

86 Brewer, supra note 45.

87 Riberio, Gustavo, No need to Toss a Coin: Conflicting scientific expert testimonies and intellectual due process 12 Law, Probability and Risk 299 (2013)Google Scholar.

88 The chief proponents of this view are scholars who draw on Niklas Luhmann's Systems Theory to highlight the autopoietic nature of law. See Teubner, Gunther, How the law thinks: Toward a constructivist epistemology of law 23 Law & Society Review 727 (1989)CrossRefGoogle Scholar.

89 Schauer, Frederick, The Generality of Law 107 West Virginia Law Review 217, at 219 (2004)Google Scholar.

90 Id.

91 Id. at 233. ‘In law, it thus seems, generality has a disproportionate presence, but particularity has only a proportionate presence.’

92 Balkin, Jack, The Proliferation of Legal Truth 26 Harvard Journal of Law and Public Policy 5 (2003)Google Scholar.

93 Id.

94 See Nicola Mößner, The Concept of Testimony, in Epistemology: Contexts, Values, Disagreement 209 (Christoph Jager and Winfired Loffler eds. 2011).

95 Giulia Mennillo and Suryapratim Roy, Ratings and Regulation: An irreversible marriage? Harvard Weatherhead Centre for International Affairs Working Paper 004/2014.

96 Miranda Fricker, Epistemic Injustice: Power and the Ethics of Knowing 20 (2007).

97 Id. at 3.

98 See Susan Haack, Credulity and Circumspection, Proceedings of the American Catholic Philosophical Association, 2015.

99 Jennifer Lackey, ‘Testimonial Knowledge’ in Routledge Companion to Epistemology, 316 (Sven Bernecker and Duncan Pritchard eds. 2010).

100 Integral to this question is determining the scope of what constitutes testimony, as against a mere utterance. The law of evidence clearly has a preference for the performative view of testimony; the distinction between hearsay and direct evidence found in evidence law ‘lacks any agreed-upon vocabulary for discussing or regulating the use of expert documentation.’ Karen Petroski, supra note 52, at 83.

101 Queensland Conservation Council Inc. v Xstrata Coal Queensland Pty Ltd & Others [2007] QCA 338. The Queensland Court of Appeals found a Tribunal in breach of natural justice as it relied on its own materials regarding climate science that were not submitted in evidence.

102 Case C-405/07 P Kingdom of the Netherlands v. Commission of the European Communities [2008] ECR I-08301. The CJEU found a procedural impropriety on the part of the Commission in assessing scientific evidence, as it did not take into consideration data provided by the Netherlands.

103 Cass R. Sunstein, From Technocrat to Democrat, Harvard Public Law Working Paper No. 14-10(2014).

104 Pieters, Rik and Baumgartner, Hans, Who Talks to Whom? Intraand Interdisciplinary Communication of Economics Journals 40 Journal of Economic Literature 483 (2002)CrossRefGoogle Scholar.

105 Brewer, supra note 45, at 1672; Riberio, supra note 87, at 341.

106 Lackey, supra note 99, 316.

107 Id. at 324.

108 Brewer, supra note 45, at 1539.

109 Id.

110 Id.

111 Id. at 1679.

112 Brewer, however, is not unaware of the conceptual difficulties surrounding a ‘two-hat solution’. He queries: ‘What kind of training should the experts – or expertly trained judges – get?’ And he hints at the possibility of intra-disciplinary conflicts: “Will scientific discipline become so specialised that it ceases to make sense to talk about general epistemic competence even within a discipline?” Id, at 1679.

113 Roy, supra note 71.

114 Habermas, for instance, argues that in democratic decisionmaking epistemic authority requires communication between stakeholders, where ‘private experiences’ pass on to the ‘public practices’ of a collective. Jürgen Habermas, Truth and Justification 134 (2003). For a review of the engagement of others theorists, see Teubner, supra note 88.

115 See Susan Haack, supra note 98.

116 Green, Citing Michael D. in Daubert v. Merrell Dow Pharmaceuticals, pp. 585–586 Google Scholar.

117 The Joint Research Centre of the European Commission has expressed an interest in STS; see: https://ec.europa.eu/jrc/en/research-topic/science-and-technology-studies. However, in specific or general regulations as well as in case law, there appears to be very little actual influence of STS and related inquiries.

118 For an account of how testimonial studies could inform responsibility for climate change action despite climate scepticism, see Lorraine Code, ‘Doubt and Denial: Epistemic Responsibility Meets Climate Change Scepticism’ (2013) Onati Socio-Legal Series 3.5.

119 549 U.S. 497 (2007).

120 Id, p. 533.

121 See Suryapratim Roy and Edwin Woerdman, Situating Urgenda versus the Netherlands within Comparative Climate Change Litigation, Journal of Energy and Natural Resources Law (2016). .

122 See Cass Sunstein, Laws of Fear: beyond the Precautionary Principle (2006); Dan Kahan, Paul Slovic, Donald Braman and John Gastil, ‘Fear of Democracy: A cultural evaluation of Sunstein on risk’ (2006) 119 Harvard Law Review 1071; Cass Sunstein, ‘Misfearing: A reply’ (2006) 119 Harvard Law Review 1110.

123 See Peel, Jacqueline, Precaution – A matter of principle, approach or process? 5 Melbourne Journal of International Law 483 (2004)Google Scholar; Sinden, Amy, Formality and Informality in Cost-Benefit Analysis 1 Utah Law Review 93 (2015)Google Scholar.

124 This position has been labelled as a form of ‘philosophical anarchism.’ Some scholars have taken issue with the need for justification, claiming that if law is supported by collective decision- making, then there is no need to seek another justification. See Hershovitz, Scott, Legitimacy, Democracy and Razian Authority 9 Legal Theory 201 (2003)CrossRefGoogle Scholar.

125 Joseph Raz, Authority, Law, and Morality, in Ethics in the Public Domain 214 (1994).

126 Bruno Latour, Reassembling the Social: An Introduction to Actor-Network Theory 39 (2005).

127 ‘All in all, Latour's examination of the history of science shows some signs of implicit inclination towards such context-transcending explanations as limiting cases of other explanatory strategies.’ Jouni-Matti Kuukkanen, ‘Demystification of Early Latour’, in Foundations of the Formal Sciences VII (K. Francois, B. Lowe, T. Muller and B. Van Kerkhove eds. 2009

128 Baron, Rueben M. and Kenny, David A., The Moderator-Mediator Variable Distinction in Social Psychological Research: Conceptual, Strategic, and Statistical Considerations 51 Journal of Personality and Social Psychology 1173 (1986)CrossRefGoogle ScholarPubMed.

129 The reader may correctly prefer the word correlation to causal, but as Kenny points out, mediation analysis becomes useful when we endeavour to conduct a causal analysis. Kenny, David A., Reflections on Mediation 11 Organizational Research Methods 353, at 356 (2008)CrossRefGoogle Scholar.

130 Baron and Kenny, supra note 128.

131 In relation to legal analysis, I use the term ‘modify’ in a different manner than that understood in statistical analysis, where moderation effects are studied in relation to strengthening or changing the direction of the relationship between the other variables. As Miller, Judd and Yzerbyt explain, “Mediational analyses attempt to identify the intermediary process that leads from the manipulated independent variable to the outcome or dependent variable. The issue of moderation focuses on factors that influence the strength and/or direction of the relation between the treatment variable and the dependent variable. Moderational analyses attempt to identify individual difference or contextual variables that strengthen and/or change the direction of the relationship between the treatment variable and the independent variable.” Muller, Dominique, Judd, Charles M. and Yzerbyt, Vincent Y., When Moderation is Mediated and Mediation is Moderated 89:6 Journal of Personality and Social Psychology 852, at 852 – 853 (2005)CrossRefGoogle ScholarPubMed.

132 Standardised testing of the significance of mediation usually heavily relies on the work of Michael Sobel. See Sobel, Michael E., Asymptotic Confidence Intervals for Indirect Effects in Structural Equation Models 13 Sociological Methodology 290 (1982)CrossRefGoogle Scholar.

133 A synthesis of his work can be found in Andrew F. Hayes Introduction to Mediation, Moderation, and Conditional Process Analysis: A Regression-Based Approach (2013).

134 Reutter, Kirby K. and Bigatti, Silvia M., Religiosity and Spirituality as Resiliency Resources: Moderation, Mediation, or Moderated Mediation? 53 Journal for the Scientific Study of Religion 56 (2014)CrossRefGoogle Scholar.

135 Reutter and Bigatti are mindful of this limitation, especially with regard to the differentiation between religiosity and spirituality. Id. at 68 – 69.

136 Kirby K. Reutter, The Effects of Spirituality and Religiosity upon Stress, Anxiety, and Depression: Mediation, Moderation, or Moderated Mediation? PhD Dissertation, April 2012.

137 Antje Brock, ‘The Environment in the Capabilities Approach: Why and how its constitutive role for capabilities matters’, paper presented at the 2014 Human Development and Capability Association Conference, Athens, August 2014.

138 Ng, Kok-Yee et. al., Personality and Leader Effectiveness: A moderated mediation model of leadership self-efficacy, job demands, and job autonomy 93 Journal of Applied Psychology 733 (2008)CrossRefGoogle Scholar.

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140 Statistically, Latour's view may be considered equivalent to a complete mediating effect where the correlation between independent and dependent variables are eliminated when the mediator is controlled for. See Ali al Nima et. al., Anxiety, Affect, Selfesteem and Stress: Mediation and Moderation Effects on Depression 8 PLoS ONE e73265, at 2 (2013).

141 Roy, supra note 33.

142 See for instance See James Huffman, Global Warming goes to Court, available at: http://www.hoover.org/research/global-warming-goes-court.

143 Stichting Urgenda v. Government of the Netherlands (Ministry of Infrastructure and Environment), ECLI:NL:RBDHA:2015:7145, Rechtbank Den Haag, C/09/456689 / HA ZA 13-1396 (Urgenda).

144 The official announcement is available at: https://www.rijksoverheid.nl/documenten/kamerstukken/2015/09/01/kabinetsreactie-vonnis-urgenda-staat-d-d-24-juni-jl.

145 For a review of the arguments, see Roy and Woerdman, supra note 121.

146 For a debate on whether some rights are absolute in the European legal order, see Tsakyrakis, Stavros, Proportionality – An assault on human rights? 7 International Journal of Constitutional Law 1 (2009)CrossRefGoogle Scholar; Khosla, Madhav, Proportionality an Assault on Human Rights?: A Reply 8 International Journal of Constitutional Law 298 (2010)CrossRefGoogle Scholar; Tsakyrakis, Stavros, ‘Proportionality an Assault on Human Rights?: A Rejoinder to Madhav Khosla’ 8 International Journal of Constitutional Law 307 (2010)CrossRefGoogle Scholar.

147 Stichting Urgenda v. Government of the Netherlands, para 4.49.

148 “Barroso Defends EU's Climate Strategy”, Ends Europe Daily, Issue 2399, Oct. 2, 2007, available at: http://www.endseuropedaily.com/articles/index.cfm (last visited May 28, 2015).

149 Chamberlin, Shaun, Maxey, Larch & Hurth, Victoria, Reconciling Scientific Reality with Realpolitik: Moving beyond carbon pricing to TEQs – an integrated, economy-wide emissions cap, 5 Carbon Management 211 (2014)CrossRefGoogle Scholar.

150 See the discussion in Section III.1.

151 Case T-16/04 Arcelor v. European Parliament and Council of the European Union [2010] ECR II-211, para 175.

152 Case T-16/04, para 168.