European Approaches to Constitutional Climate Litigation – The European Court of Human Rights’ and the German Federal Constitutional Court’s Climate-Decision Walk Together and Apart
Year: 2026
Type: article
Abstract: With its decision in “KilmaSeniorinnen”, the European Court of Human Rights delivered a new impetus to climate litigation. This article will offer a closer look into the judgment as well as a comparative analysis to the Climate Decision of the German Federal Constitutional Court, developing a new perspective to the approaches of the “KlimaSeniorinnen”-decision. This analysis focuses on three aspects: the courts’ methods to ascertain their respective legitimacy, the admissibility of climate claims and the substantive approach to climate protection obligations following from fundamental rights. On this basis, this article will carve out stronger and weaker features of both judgments while highlighting the doctrinal diversity of thought in European climate litigation.
Institution: Freie Universität Berlin
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225453647