On June 5, 2021, environmental justice NGO A Sud and more than 200 plaintiffs filed suit alleging that the Italian government, by failing to take actions necessary to meet Paris Agreement temperature targets, is violating fundamental rights, including the right to a stable and safe climate. The action, part of a campaign called Giudizio Universale (The Last Judgment), seeks a declaration that the government's inaction is contributing to the climate emergency and a court order to reduce emissions 92% by 2030 compared to 1990 levels. According to an executive summary of the claim released by the plaintiffs, the government's climate obligations stem from the Paris Agreement, EU regulations, and IPCC reports. The human right to a stable and safe climate is based on guarantees in Article 6 of the Treaty of the European Union (guarantee of fundamental rights), and Articles 2 (right to life) and 8 (right to privacy) of the European Convention on Human Rights, among others. These rights violations give rise to non-contractual liability of the Italian government under Article 2043 of the Italian Civil Code. 

On December 14, 2021, the first hearing was held before the Civil Court of Rome in the form of written notes. In its reply, the Presidency of the Council of Ministers, represented by the “Avvocatura Generale dello Stato” (state lawyers), requested the Court to declare the complaint inadmissible and, in any case, to dismiss the applicants’ claims on the merits. On the matter of fact, the reply describes in depth the State’s policies and endeavors on climate change. On the matter of law, the reply deals with: (i) the absence of jurisdiction of the civil judge over activities pertaining to the legislative and executive powers of the State; (ii) the lack of standing rights of the applicants; (iii) the impossibility of placing an individual responsibility on the Italian State for climate change and its impact. 


The applicants sent their rebuttal notes on January 14, 2022. The second hearing (the first oral hearing) has been held on 21 June 2022. The parties presented their legal arguments before the judge. The judge scheduled the next hearing for September 13, 2023.

Following the final hearing on 13 September 2023, the Judge of the Second Civil Section of the Court of Rome requested the parties' closing statements and proceeded with the ruling.

In its judgment of February 26, 2024, the Court declared the claims inadmissible for absolute lack of jurisdiction (‘difetto assoluto di giurisdizione’). 

The Court applied the principle of separation of powers and the related case law. The Court pointed out that the claim entails a review of the sphere of powers that the Constitution reserves to the legislature. 

In the Court's opinion, "the interest for which compensation is claimed under Articles 2043 and 2051 of the Italian Civil Code does not fall within the category of legally protected subjective interests, since decisions relating to the methods and timescales for managing the phenomenon of anthropogenic climate change - which involve discretionary socio-economic assessments and in terms of cost-benefit in the various sectors of human life - fall within the sphere of attribution of the political bodies and cannot be sanctioned in the present proceedings. With the proposed civil action, the plaintiffs essentially ask the Court to annul the measures, including primary and secondary regulatory measures (...) that constitute the implementation of the political choices of the legislature and the government for the achievement of the objectives assumed at international and European level (in the short and long term) in violation of a cardinal principle of the order represented by the principle of separation of powers" (unofficial English translation, p. 12 of the judgment).  

A Sud appealed the court ruling, but a new ruling will not be made until October 21, 2026. 

A Sud et al. v. Italy

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A Sud et al. v. Italy - judgment

Filed

Italy

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

woman and genders outside of the gender binary

The activities of industries that transforms raw materials into finished goods through industrial processes.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A Sud et al. v. Italy - judgment

Target

Policy instrument

Risk

Impacted group

Renewable energy

Greenhouse gas

Economic sector

Finance