La pronuncia “Giudizio universale” e profili critici di accesso alla giustizia

• ALESSANDRO ROSSI ^[1]
  1. [1] Università “Sapienza” di Roma
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2024, págs. 934-949
• Idioma: italiano
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The "Giudizio universale" ruling deals with the first case of climate change litigation in Italy.

    In it, the Italian judge questions the possibility of successfully proposing a judicial request aimed at censoring the climate policy adopted by the government.

    This article aims to analyze the solutions provided by this ruling, explaining how, according to the most recent jurisprudence of the European Court of Human Rights, they are not acceptable.

    It must be considered that there is a right of citizens to a stable climate and the existence of obligations on the part of the signatory states of the Paris Agreement to guarantee climate stability and this would allow the admissibility of censorship of environmental policies that are not suitable for containing the increase in temperature within the minimum limit of 1.5° C