Silent Expansion

Abstract This article examines the role of the living instrument doctrine in the Verein Klimaseniorinnen judgment. Although the Court explicitly referred to the doctrine only once, it introduced far-reaching innovations, most notably positive obligations for states to mitigate climate change under Art. 8 echr and the extension of standing rights to associations. The article argues that these developments reflect a silent expansion of the doctrine. The Court integrates evolutive, teleological and systematic interpretation without openly invoking the doctrine, and shifts from a primarily European consensus-based approach toward a principle- and value-oriented reasoning enriched by reliance on international agreements. In doing so, the Court transforms the doctrine into a more implicit interpretative method. The judgment therefore signals a subtle but significant evolution of the living instrument doctrine, which raises important questions about legitimacy and the future trajectory of Convention interpretation.