The paper deals with the main procedural hurdles which individuals and associations meet in the lawsuits against the States for the assessment of their failures in facing climate change. The focus is both on the ruling issued by Court of first instance of Rome of 6 March 2024 on Last Judgment case and the Judgment of European Court of Human Rights on Klimaseniorinnen case of 9 April 2024. The authors examine the content of both decisions, carrying out some considerations about the possible impact of ECtHR’s ruling on future decisions of national courts called upon to adjudicate climate change disputes.

Procedural Hurdles of Climate Change Litigation in Italy: Prospects in Light of ECtHR Decision in the KlimaSeniorinnen Case

Davide Castagno;
2024-01-01

Abstract

The paper deals with the main procedural hurdles which individuals and associations meet in the lawsuits against the States for the assessment of their failures in facing climate change. The focus is both on the ruling issued by Court of first instance of Rome of 6 March 2024 on Last Judgment case and the Judgment of European Court of Human Rights on Klimaseniorinnen case of 9 April 2024. The authors examine the content of both decisions, carrying out some considerations about the possible impact of ECtHR’s ruling on future decisions of national courts called upon to adjudicate climate change disputes.
2024
Special Issue
91
108
https://theitalianlawjournal.it/data/uploads/special_issue_24/special_24.pdf
Climate Change Litigation, Last Judgment, Lack of Jurisdiction, KlimaSeniorinnen Case, Human Rights, Legal Standing
Davide Castagno; Maria Pia Gasperini
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/2028670
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