4 years from the beginning and after last year the first degree of the climatic cause against the Italian state ended with the decision of the Court of Rome of declare the inadmissible cause For “lack of jurisdiction”, Tomorrow 29 January the Appeal process in Rome for the “Universal Judgment” campaign.
This is the first Italian climatic dispute that will try to overturn the first instance sentence. A year ago, in fact, the judge of the civil court had decided not to decide, formulating a sentence that was not expressed on the merits of the case.
We talked about it here: there is no justice for the climate: the court has decided not to decide on the climatic cause against the Italian state
Italy is behind, compared to other European countries, as regards the protection of fundamental rights overwhelmed by the climatic emergency. On January 29 the first hearing is celebrated before the Court of Appeal of Rome. We trust that the Court correctly applies the principles established by the Court of Strasbourg in the “Klimaseniorinnen” case and therefore recognizes its jurisdiction by deciding on the cause, marking an important step forward towards climatic justice, declares Luca Saltalamacchia, legal dispute lawyer.
The possibilities that the first degree pronunciation is overturned on appeal are strengthened by the recent outcome of some disputes outside the national borders, including the judgments of the European Court of Human Rights in cases Klima Seniorinnen and others v. Switzerland and Duarte Agostinho and other v. Portugal and 32 other countries.
In the first case, the Court sentenced Switzerland for the failure to adopt climate measureseffectively recognizing the relationship between the defense of the climate and protection of human rights. In the second, the judges declared the appeal inadmissible also for the non -experiment of internal remedies, therefore referring to the national judges the task of pronounced on the adequacy of climatic policies and on the impacts that the failure to action has on human rights. The declaration of inadmissibility must therefore be interpreted as a devolution to the national jurisdictions of the causes on the matter.
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The European Court has in fact denied the arguments formulated by the Court of Rome. We therefore trust that the Court of Appeal can reform it, establishing the principle that citizens and civil society can contact a judge to assert their rights threatened by the climatic emergency, to which the Italian State also contributes due to the inadequacy of the measures adopted “The legal team concluded, composed by the civil lawyer Luca Saltalamacchia and the teacher of climatic law Michele Carducci, to whom the cassation and professor of public law Antonello Ciervo, in the Pro Bono support, has been added.
