Towards the judicial recognition of the right to live in a stable climate system in the European legal space? Preliminary remarks•

Verso il riconoscimento giudiziale del diritto di vivere in un sistema climatico stabile nello spazio giuridico europeo? Osservazioni preliminari

Abstract

This essay has a threefold purpose: it aims at contributing to the literature on climate change litigation by discussing a recent lawsuit launched against the European Union, namely the Carvalho case; at identifying recent trends in the circulation of models in this ambit; and at introducing the topic of the right to live in a stable climate system. In this perspective, the essay proceeds as follows. As a starting point, a brief illustration of the threat posed by climate change and the international climate regime are outlined. Subsequently, sections 2 and 3 deal with the themes of the classifications of climate change case law and of the so-called attribution science and its relevance in climate change litigation, making some references to the Dutch Urgenda case, which inspired the Carvalho case. In section 4, an account of the EU climate change-related
disputes and of the Carvalho case rendered by the General Court in 2019 and currently pending in appeal before the Court of Justice is provided. This controversy is part of a new generation of climate cases that adopts a rights-based approach and calls for climate justice. Then, in section 5, an illustration of the problematic issue of legal standing in the EU jurisdiction pursuant to Art. 263(4) TFEU is provided. Lastly, section 6 concludes with reflections on the potential for litigation strategy to contribute to the effective enforcement of climate change law in the European legal sphere and on the right to live in a stable climate system.