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THE RIGHTS OF FUTURE GENERATIONS IN ITALIAN-EUROPEAN ENVIRONMENTAL LAW

Giovanna Di Benedetto

Abstract

The work analyzes the rights of future generations in a perspective of solidarity within Italian-European environmental law, in a similar way to what was done in the German legal system. The analysis is conducted through a survey of the Italian-European regulatory framework, also with specific reference to the objectives of European social policies and through the jurisprudential comparative analysis with the legal system of the Federal Republic of Germany. In particular, with specific reference to a recent environmental dispute brought before the German Constitutional Court (Case Neubauer, et all v. Germany), within which the rights of future generations to live in a healthy environment are recognized. In the aforementioned case, the complainants allege that the German government has not introduced a legal framework sufficient to reduce the emission of greenhouse gases and has not limited the increase in global temperature, according to the parameters agreed in the Paris Climate Agreement of 2015. The ruling of the German Constitutional Court is relevant since it considers it inadequate to achieve the objectives set by the international obligations on the reduction of greenhouse gas emissions assumed by the federal law on climate protection of 2019. The aforementioned law is considered partly unconstitutional because it does not sufficiently protect people from future violations and limitations of the rights of freedom following the gradual intensification of climate change. In particular, in a perspective of solidarity, in a not local but global conception of the environment, with the recognition of the progressive and dangerous climate change, the German Constitutional Court notes that the German legislator has not distributed the CO2 emission balance proportionally and therefore, an adequate distribution of the sacrifice among current and future generations. In particular, the German Court writes: "one generation must not be allowed to consume large portions of the CO2 balance by supporting a relatively smaller share of the reduction effort, if this would leave subsequent generations with a drastic reduction burden and expose their lives to serious losses of liberty". The European and sometimes national regulatory framework still appears to be unsatisfactory with respect to the sustainable development objectives. So, the task of the national courts is that, as in the case of the German Constitutional Court, to evaluate the national regulatory provisions on climate protection, in the light of the principle of solidarity towards future generations, adopting an environmental approach that is not limited in time and in space but global.

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DOI resolver: doi.org/10.5593/sgem2023v/4.2/s19.43

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