Non aprite quella porta: status di vittima e legittimazione ad agire davanti alla Corte europea dei diritti umani in materia climatica

It is widely recognised that the human-rights-based climate litigation before the European Court of Human Rights raises serious issues concerning the inevitable tensions between, on the one hand, the inherent collective nature of the interests invoked by the applicants in similar cases and the effects of a potential successful litigation and, on the other hand, the principle of individual justice and the prohibition of actio popularis, pursuant to which applicants may not complain about a provision of domestic law, a domestic practice or public acts simply because they appear to contravene the Convention. The present contribution assesses in a critical way how the Court has dealt with this issue in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland and highlights some inconsistencies in the Court’s ruling as regards both the meaning and effects of the prohibition of actio popularis and the compatibility of the ruling with principles which are well-established in the Court’s case-law.

Publication Details

Journal
Nova Science Publishers (Nova Science Publishers, Inc.)
Published
2025-06-06
Primary Topic
Morphological variations and asymmetry
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Non aprite quella porta: status di vittima e legittimazione ad agire davanti alla Corte europea dei diritti umani in materia climatica

Nova Science Publishers (Nova Science Publishers, Inc.)
Morphological variations and asymmetry
article

Non aprite quella porta: status di vittima e legittimazione ad agire davanti alla Corte europea dei diritti umani in materia climatica

article en

Abstract

It is widely recognised that the human-rights-based climate litigation before the European Court of Human Rights raises serious issues concerning the inevitable tensions between, on the one hand, the inherent collective nature of the interests invoked by the applicants in similar cases and the effects of a potential successful litigation and, on the other hand, the principle of individual justice and the prohibition of actio popularis, pursuant to which applicants may not complain about a provision of domestic law, a domestic practice or public acts simply because they appear to contravene the Convention. The present contribution assesses in a critical way how the Court has dealt with this issue in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland and highlights some inconsistencies in the Court’s ruling as regards both the meaning and effects of the prohibition of actio popularis and the compatibility of the ruling with principles which are well-established in the Court’s case-law.

Nova Science Publishers (Nova Science Publishers, Inc.)
Climate action
Openalex Percentile: Top 40%
Morphological variations and asymmetry
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Non aprite quella porta: status di vittima e legittimazione ad agire davanti alla Corte europea dei diritti umani in materia climatica · Nova Science Publishers (Nova Science Publishers, Inc.) (2025) | TGRS Research Map | TGRS