Berliner Boersenzeitung - Top Europe rights court to issue landmark climate verdicts

EUR -
AED 4.0815
AFN 76.119647
ALL 99.007795
AMD 430.967388
ANG 2.001275
AOA 1031.778678
ARS 1072.613289
AUD 1.625062
AWG 2.002989
AZN 1.888998
BAM 1.954214
BBD 2.242011
BDT 132.69413
BGN 1.953228
BHD 0.418726
BIF 3215.895011
BMD 1.111228
BND 1.433937
BOB 7.69021
BRL 6.153093
BSD 1.110414
BTN 92.760639
BWP 14.620993
BYN 3.633564
BYR 21780.076786
BZD 2.238315
CAD 1.504214
CDF 3189.225807
CHF 0.942271
CLF 0.037163
CLP 1025.452722
CNY 7.835938
CNH 7.846112
COP 4625.477134
CRC 575.861278
CUC 1.111228
CUP 29.447553
CVE 110.289778
CZK 25.131431
DJF 197.487351
DKK 7.458559
DOP 66.951303
DZD 147.321137
EGP 54.084374
ERN 16.668426
ETB 130.58227
FJD 2.440202
FKP 0.846266
GBP 0.832693
GEL 3.033521
GGP 0.846266
GHS 17.44912
GIP 0.846266
GMD 76.674473
GNF 9614.905621
GTQ 8.589147
GYD 232.324049
HKD 8.65323
HNL 27.725158
HRK 7.555254
HTG 146.348504
HUF 394.752464
IDR 16869.558453
ILS 4.207839
IMP 0.846266
INR 92.962535
IQD 1455.709214
IRR 46774.379259
ISK 151.67195
JEP 0.846266
JMD 174.458454
JOD 0.787527
JPY 159.589058
KES 143.348148
KGS 93.620715
KHR 4522.699425
KMF 490.440892
KPW 1000.104937
KRW 1482.556278
KWD 0.33898
KYD 0.925366
KZT 533.938023
LAK 24538.697886
LBP 99566.065619
LKR 338.272286
LRD 215.856004
LSL 19.378831
LTL 3.281168
LVL 0.672171
LYD 5.272781
MAD 10.773379
MDL 19.36064
MGA 5061.645769
MKD 61.538788
MMK 3609.226521
MNT 3775.954079
MOP 8.905315
MRU 44.132442
MUR 50.805667
MVR 17.068558
MWK 1929.092228
MXN 21.596352
MYR 4.670498
MZN 70.951632
NAD 19.440984
NGN 1820.880789
NIO 40.859497
NOK 11.678916
NPR 148.425257
NZD 1.773029
OMR 0.427779
PAB 1.110464
PEN 4.16151
PGK 4.349574
PHP 62.212118
PKR 309.029895
PLN 4.271618
PYG 8642.987532
QAR 4.045149
RON 4.974856
RSD 117.042373
RUB 101.627398
RWF 1491.268523
SAR 4.169032
SBD 9.230905
SCR 14.993439
SDG 668.401932
SEK 11.321089
SGD 1.434594
SHP 0.846266
SLE 25.388572
SLL 23301.898376
SOS 634.510999
SRD 33.820794
STD 23000.184473
SVC 9.716248
SYP 2791.99464
SZL 19.443364
THB 36.592567
TJS 11.803629
TMT 3.889299
TND 3.367813
TOP 2.602606
TRY 37.908679
TTD 7.550316
TWD 35.627049
TZS 3033.653892
UAH 45.977817
UGX 4107.722657
USD 1.111228
UYU 46.213129
UZS 14151.493315
VEF 4025483.283718
VES 40.856296
VND 27358.443391
VUV 131.927269
WST 3.10862
XAF 655.463532
XAG 0.036199
XAU 0.000423
XCD 3.00315
XDR 0.821482
XOF 652.848945
XPF 119.331742
YER 278.168281
ZAR 19.285175
ZMK 10002.397537
ZMW 29.454825
ZWL 357.815094
  • CMSC

    -0.0800

    25.07

    -0.32%

  • CMSD

    -0.0150

    25.005

    -0.06%

  • SCS

    0.0900

    13.01

    +0.69%

  • NGG

    0.9300

    70.48

    +1.32%

  • BCE

    0.0600

    35.1

    +0.17%

  • RIO

    1.0100

    64.58

    +1.56%

  • BCC

    4.1500

    141.65

    +2.93%

  • RBGPF

    1.8300

    58.83

    +3.11%

  • RYCEF

    0.1100

    7.06

    +1.56%

  • GSK

    0.0600

    40.86

    +0.15%

  • JRI

    -0.0200

    13.3

    -0.15%

  • VOD

    0.1000

    10.11

    +0.99%

  • RELX

    0.8700

    48.86

    +1.78%

  • AZN

    -1.2400

    77.14

    -1.61%

  • BTI

    0.4600

    37.9

    +1.21%

  • BP

    0.2200

    32.86

    +0.67%

Top Europe rights court to issue landmark climate verdicts
Top Europe rights court to issue landmark climate verdicts / Photo: FREDERICK FLORIN - AFP/File

Top Europe rights court to issue landmark climate verdicts

Europe's top rights court will on Tuesday issue unprecedented verdicts in three separate cases on the responsibility of states in the face of global warming, rulings that could force governments to adopt more ambitious climate policies.

Text size:

The European Court of Human Rights, part of the 46-member Council of Europe, will rule on whether governments' climate change policies are violating the European Convention on Human Rights, which it oversees.

All three cases accuse European governments of inaction or insufficient action in their measures against global warming.

In a sign of the importance of the issue, the cases have all been treated as priority by the Grand Chamber of the ECHR, the court's top instance, whose 17 judges can set a potentially crucial legal precedent.

It will be the first time the court has issued a ruling on climate change.

While several European states, including France, have already been condemned by domestic courts for not fulfilling commitments against global warming, the ECHR could go further and make clear new fundamental rights.

The challenge lies in ensuring "the recognition of an individual and collective right to a climate that is as stable as possible, which would constitute an important legal innovation", said lawyer and former French environment minister Corinne Lepage, who is defending one of the cases.

- 'Turning point' -

The court's position "may mark a turning point in the global struggle for a livable future," said lawyer Gerry Liston, of the NGO Global Legal Action Network (GLAN).

"A victory in any of the three cases could constitute the most significant legal development on climate change for Europe since the signing of the Paris 2015 Agreement" that set new targets for governments to reduce emissions, he said.

Even if the Convention does not contain any explicit provision relating to the environment, the Court has already ruled based on Article 8 of the Convention -- the right to respect for private and family life -- an obligation of States to maintain a "healthy environment", in cases relating to waste management or industrial activities.

Of the three cases which will be decided on Tuesday, the first is brought by the Swiss association of Elders for Climate Protection -- 2,500 women aged 73 on average -- and four of its members who have also put forward individual complaints.

They complain about "failings of the Swiss authorities" in terms of climate protection, which "would seriously harm their state of health".

Damien Careme, former mayor of the northern French coastal town of Grande-Synthe, in his case attacks the "deficiencies" of the French state, arguing they pose a risk of his town being submerged under the North Sea.

In 2019, he already filed a case at France’s Council of State -- its highest administrative court -- alleging "climate inaction" on the part of France. The court ruled in favour of the municipality in July 2021, but rejected a case he'd brought in his own name, leading Careme to take it to the ECHR.

- 'For benefit of all' -

The third case was brought by a group of six Portuguese, aged 12 to 24, inspired to act after fires ravaged their country in 2017.

Their case is not only against Portugal, but also 31 other states (every EU country, plus Norway, Switzerland, Turkey, United Kingdom and Russia).

Almost all European countries belong to the Council of Europe, not just EU members.

Russian was expelled from the COE after its invasion of Ukraine but cases against Moscow are still heard at the court.

The ECHR hears cases only when all domestic appeals have been exhausted. Its rulings are binding, although there have been problems with compliance of certain states such as Turkey.

The three cases rely primarily on articles in the Convention that protect the "right to life" and the "right to respect for private life".

However, the Court will only issue a precedent-setting verdict if it determines that these cases have exhausted all remedies at the national level.

The accused states tried to demonstrate this is not the case during two hearings held in 2023.

(S.G.Stein--BBZ)