Piet Eeckhout
KlimaSeniorinnen has established a remedy which, in EU law, is not easy to locate and may actually be unavailable in light of restrictive CJEU case law. Whatever one’s views on this restrictive case law, it is a fact that the EU Charter of Fundamental Rights now obliges the CJEU to do as much as it can to accommodate the KlimaSeniorinnen remedy and to interpret the relevant TFEU provisions flexibly. One may assume that, sooner or later, the CJEU will be confronted with a KlimaSeniorinnen claim. If the CJEU were to declare such a claim inadmissible, it will put itself in the corner of courts refusing to engage with climate change policies. That would be unfortunate for a court that has long been at the forefront of legal progress.
Continue reading >>
Catherine Higham, Isabela Keuschnigg, Tiffanie Chan, Joana Setzer
On 9 April the European Court of Human Rights issued its first ever comprehensive decision in a climate litigation case. The ECtHR has set out clear directions for member states to follow to align their climate policies with human rights obligations. Domestic legislators across Europe must give these requirements serious consideration to ensure their climate laws not only meet these minimum standards but also effectively contribute to global climate goals. This is imperative for both environmental sustainability and the protection of fundamental human rights that climate change is affecting.
Continue reading >>
Miriam Cohen, Vladyslav Lanovoy, Camille Martini, Armando Rocha, Maria Antonia Tigre, Eneas Xavier
The recent rulings on climate change by the European Court of Human Rights (ECtHR) are—as others have pointed out in this blog symposium—both “historic and unprecedented” for various reasons, not least regarding the question of reparation for climate change-related harm. While redress is a pivotal question to think through in relation to climate change, it has, somewhat surprisingly, received less attention from scholars and has not yet been directly addressed by international courts and tribunals. In this regard, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland might be considered a missed opportunity on the part of the ECtHR.
Continue reading >>
Dina Lupin, Maria Antonia Tigre, Natalia Urzola Gutiérrez
This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. To date, very few climate cases have addressed the gendered dimensions of climate change and there was some hope that this case would. However, as this post argues, despite the fact that KlimaSeniorinnen is a case about the impacts of climate change on elderly women, the Court fails to meaningfully engage with gender as a determinant of the harms suffered by individuals. Gender remains an overlooked issue in climate litigation.
Continue reading >>
Vladislava Stoyanova
In Verein Klimaseniorinnen Schweiz and Others v Switzerland, the European Court of Human Rights makes many general statements about the nature of climate change and different actors’ roles in addressing it. Many points have been addressed in this blog symposium. In my blog post, I turn to a more technical aspect of the judgment, namely the question of causation. I will untangle the analytical gymnastics that the Court performs regarding this question. I will argue that the reasoning regarding causation is confusing and that it is not clear how specifically the ‘real prospect’ test is applied for finding a breach.
Continue reading >>
Geraldo Vidigal
A key and underrated aspect of the recent triad of climate rulings of the European Court of Human Rights (ECtHR) is that the ECtHR has brought to the fore the role of trade-related greenhouse gas (GHG) emissions in states’ carbon footprints. While most international climate agreements focus on the reduction of domestic GHG emissions, in the Verein KlimaSeniorinnen Schweiz and Others v. Switzerland Judgment (KlimaSeniorinnen), the ECtHR found ‘attributable’ to Switzerland the GHG emissions taking place abroad, ‘embedded’ into goods (and possibly services) ‘consumed’ in Switzerland. As I will argue, the ruling appears to require Switzerland to adopt a climate-oriented trade policy.
Continue reading >>
Charlotte Blattner
Especially in Switzerland, the KlimaSeniorinnen ruling has been met with sharp criticism. The rightwing Swiss People’s party (Schweizerische Volkspartei, SVP) (predictably) accused the Court of judicial overreach and demanded that Switzerland leave the Council of Europe. The ECtHR decision directly addresses separation of powers and the role of the judiciary in adjudicating human rights, specifically in the context of climate change. This post unpacks the decision and argues that concerns about ECtHR overreach are unwarranted. It shows how the judgment forms an integral part of democratic governance (particularly in Switzerland) whilst being conducive to better laws and policies.
Continue reading >>
Anaïs Brucher, Antoine De Spiegeleir
By recognizing the responsibility they have toward future individuals who will be standing in their shoes, current decision-makers are encouraged to adopt long-term perspectives and consider the broader implications of their actions beyond the immediate. This responsibility is echoed in numerous statements by the ECtHR in its rulings about how it understands its own role in European society and the world, and about the deference it believes it owes to domestic decision-makers on the one hand, and to its own past and future work on the other hand. In this light, the ECtHR has struck a pragmatic yet slightly cynical balance between the great demands it was faced with and the great responsibilities it owes to European citizens, to other institutions, and to itself.
Continue reading >>
Jannika Jahn
The judgment of the European Court of Human Rights (ECtHR) in the case Verein KlimaSeniorinnen v. Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutional law or international human rights law in climate litigation. The Court’s decision proves to be an essential element in triggering the necessary democratic debates on which the PA relies “from the bottom up”. Reinforcing the procedural limb of Art. 8 ECHR will be an essential step towards further strengthening democratic decision-making in the societal transition to climate neutrality.
Continue reading >>
Marta Torre-Schaub
On April 9, 2024, the European Court of Human Rights (ECtHR) ruled on three applications concerning the fight against climate change and the positive obligations of the signatory states of the European Convention on Human Rights (ECHR) in this respect. This blog post analyzes the Carême decision in which the Court declared inadmissible an application brought by a former mayor of a French town on the grounds of incompatibility ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (§ 88). In my view, this is an ill-developed decision, which could dangerously imply a regression in environmental matters.
Continue reading >>
Johannes Reich
The facts of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland were categorically different from the ECtHR’s previous environmental case law. The Court therefore decided to incorporate important parts of International Climate Change Law into the ECHR. From an institutional perspective, this approach, which is not without its weaknesses, amounts to the ECtHR’s attempt to maintain the relevance of the Convention in the midst of the climate crisis, while, at the same, carefully striving to respect the realm of politics.
Continue reading >>
Patrick Abel
The climate rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) are landmark decisions. However, it is not obvious what they mean precisely for the State parties of the European Convention on Human Rights (ECHR). Have we witnessed, in Verein KlimaSeniorinnen Schweiz, a landslide victory for the activists that will revolutionize domestic climate law? Or do the two other decisions in which the Grand Chamber dismissed the applications preponderate?
Continue reading >>
Corina Heri
We may not readily describe Duarte Agostinho as a success. But it does offer an excellent opportunity to clarify what we mean by ‘success’ in this context. Arguably, this depends on our expectations – whether that’s to generate attention, trigger mobilization, seek judicial engagement with an issue, clarify the law, or pursue a given outcome, among others.
Continue reading >>
Armando Rocha
States’ extraterritorial jurisdiction was one of the hot topics decided by the European Court of Human Rights (ECtHR) in Duarte Agostinho. Strictly speaking, the “lack of it” led the ECtHR to declare the complaint inadmissible with respect to all defendant States except Portugal. This finding is in line with previous ECtHR case law but highlights a gap in human rights protection and creates a mismatch between the ECtHR’s case law and that of the Inter-American Court of Human Rights (IACtHR) and the UN Committee on the Rights of the Child (UNCRC).
Continue reading >>
Chris Hilson
Although the KlimaSeniorinnen judgment discusses a number of rights of the European Convention on Human Rights (ECHR), including Article 6 (right of access to a court), Article 2 (right to life), and Article 13 (right to an effective remedy), the focus of this blog post is on its discussion of Article 8 (right to private, home and family life). The question raised by that discussion is whether the judgment is one that will “frighten the horses” and lead to oppositional cries of judicial overreach around the separation of powers, or if it is more an unexceptional case of “move on, nothing to see here.” My argument is that the judgment is mostly the latter but that it has what, in computer gaming terms, is known as an “Easter egg” – a hidden element included by the developers to surprise and reward those who look carefully. That could turn out to be more controversial.
Continue reading >>
Sandra Arntz, Jasper Krommendijk
The three much-awaited judgments rendered by the European Court of Human Rights on 9 April 2024 are truly historic and unprecedented. In Verein Klimaseniorinnen Schweiz and Others v. Switzerland, the Grand Chamber established that climate change is 'one of the most pressing issues of our times' and poses a threat to human rights. With this ruling, the Court confirmed that States have a positive obligation to adopt measures to mitigate climate change under Article 8 ECHR, the right to family and private life. The judgments will undeniably set the tone for climate litigation in the years to come. It will impact both litigation and other procedures before other international courts.
Continue reading >>
Maxim Bonnemann, Maria Antonia Tigre
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change. In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (“KlimaSeniorinnen”), the Court held that by failing to put in place a domestic regulatory framework for climate change mitigation, the Swiss government violated Article 8 of the European Convention on Human Rights (ECHR), the right to respect for private and family life. The judgment is a milestone for human rights protection.
Continue reading >>
The book originating from this blog debate can be accessed here:
