Strasbourg, France: Europe’s top court will rule on Tuesday in three separate cases on whether countries are doing enough in the face of global warming in a ruling that could force them to do more.
The European Court of Human Rights, which is part of the 46-member Council of Europe, is set to rule at 10:30 (0830 GMT) on whether the government’s climate change policy violates the European Convention on Human Rights.
As a sign of the importance of the issue, all cases have been dealt with as a priority by the ECJ Grand Chamber, with 17 potential legal precedents.
The court will rule on climate change for the first time.
Although several European countries, including France, have been condemned by domestic courts for failing to fulfill their global warming obligations, the UNFCCC could go further and introduce new fundamental rights.
Corinne Lepage, a defense lawyer and French environment minister, said that one of the challenges is “ensuring that the climate is recognized as sustainable, as sustainable as possible, and that individual and collective rights to the climate are important legal innovations.” .
The position of the court may be a turning point in the future struggle for survival in the world, said Gerry Liston, a lawyer for the Global Legal Action Network.
“A victory in one of the three cases could be the most important legislative development in Europe on climate change since the 2015 Paris Agreement, which set new targets for governments to reduce emissions,” he said.
Although the Convention does not contain any express environmental provisions, the Court ruled on the basis of Article 8 of the Convention – the right to respect for private and family life – on the basis of the State’s duty to “maintain a healthy environment”. “, in situations related to waste management or industrial activities.
The first of three cases to be settled on Tuesday was brought by the Swiss Air Defense Workers Association – 2,500 women with an average age of 73 and four members who have filed separate complaints.
They complained about the “failure of the Swiss authorities” to protect the climate, which “seriously damages health”.
The former mayor of Grande-Synthe, on the north coast of France, Damien Carème has attacked the “defects” of his French country, claiming the city is at risk of sinking under the North Sea.
In 2019, he filed a lawsuit in the French Conseil d’État – France’s highest administrative court – alleging France’s “climate inaction”.
In July 2021, the court ruled in favor of the governor, but dismissed the case against him and took Kareme to the ECHR.
The third court was inspired to act after the fire in 2017 by a group of six Portuguese aged between 12 and 24.
Their case is not only against Portugal, but also 31 other states, all member states of the European Union, Norway, Switzerland, Turkey, England and Russia.
He was expelled from the council after the Russian invasion of Ukraine, but the case against Moscow is still being heard.
The ECJ only hears after internal appeals have been exhausted.
The decision is binding, although some countries, such as Turkey, find it difficult to comply.
These three cases are mainly based on the article protecting the “right to life” and “the right to respect private life”.
But the court will grant a preliminary injunction if it finds that all domestic remedies have been exhausted in this case.
