Pro e contro dei rimedi domestici: prospettive di sinergia europea nel contenzioso climatico collettivo

2023

Human rights-based national climate litigation is a growing phenomenon. In Europe, this type of litigation is essentially based on the case law of the European Court of Human Rights, whose human rights obligations are used as a means of interpreting climate obligations of States towards their citizens. The analysis of domestic jurisprudence produces a complex picture. On the one hand, we find elements facilitating access to environmental justice, such as more flexible eligibility criteria and the issuing of immediately enforceable judgments. On the other hand, this comes up against obstacles arising from the risk of the lack of impact that a single decision may have. A possible solution to …