Acceso usuarios
Mirina Grosz
The issue of climate protection has entered the courtrooms, also in Switzerland. Courts of all instances are confronted with climate cases deriving from different contexts and involving civil, as well as criminal and public law. This article particularly addresses the climate lawsuit of the «climate seniors» («KlimaSeniorinnen») that was brought before the Federal Court of Switzerland. There is a good reason for this: one day before the lecture onwhich this article is based was held at the «Aarauer Demokratietage», the public hearing on this case took place before the European Court of Human Rights (ECtHR), i.e. on March 29, 2023. And, as will be shown in more detail, this case is about core issues underlying climate cases in Switzerland, namely the claim that Switzerland must reduce its CO2 emissions and do everything possible to limit global warming to 1.5 degrees. Recognizing the challenges for the courts faced with such arguments, this paper concludes with some follow-up questions, the discussion of which seem ultimately unavoidable when «climate protection» is brought to court.
