Austria under pressure: new climate law according to ECHR judgment required!

Austria under pressure: new climate law according to ECHR judgment required!

Vienna, Österreich - The judgment of the European Court of Human Rights (ECHR) in the case of the * climate -based Switzerland * has far -reaching importance for Austria. In April 2024, the ECHR decided that inadequate climate protection measures by the contracting states, including Switzerland, violate human rights. This decision was initiated by a lawsuit by the senior citizens who argued that older women are particularly affected by climate change. While the individual complaints were rejected, the judges recognized the legitimation of the association. This established a fundamental legal principle that also affects Austria, because the human rights convention has constitutional rank and is directly applicable, as fwp.at reports.

The reactions to the judgment are not long in coming. In this judgment, environmental organizations such as Greenpeace see mandatory legal consequences for the Austrian government. According to vienna.at Greenpeace calls for a comprehensive new regulation of climate protection to achieve climate neutrality by 2040. This includes the creation of clear sector goals and a planned exit from fossil fuels. The criticism of the existing climate protection law from 2011, which is considered inadequate, has also become loud.

climate protection as a human right

The ECHR judgment obliges the contracting states to ensure effective climate protection. In cooperation with Ökobüro, Greenpeace has created a detailed analysis of the judgment, which shows that the existing climate protection law in Austria probably does not meet the new requirements. Critics criticize that the current law does not contain any clear sector goals to reduce greenhouse gas emissions and do not provide any effective measures to achieve climate neutrality. Greenpeace therefore calls for a new climate law that addresses these defects and thus complies with this responsibility, such as [greenpeace.at] (https://greenpeace.at/presse/greenpeace-klimasiorin-verlicht--oesterreich--oesterreich--oesterreich- to-Starkem-klimaschtz/).

Jasmin Duregger from Greenpeace comments on the challenges that the government is faced with: "The climate law becomes a large test for climate minister in homicide," and calls for a regulation that is both legally compliant and effective. The new federal government is planning to pass such a law promptly, which should clearly define the legal framework for climate protection measures.

need for action and future prospects

A crucial point of the new climate law is said to be the exclusion of trade in international emission certificates for national climate goals. In addition, individuals and environmental protection organizations should be enabled to apply for climate protection measures in the event of inactivity of the government. In the event of a rejection or non -processing of an application, it is proposed to issue a decision that is legally contestable. This would take into account the right to fair proceedings, which is guaranteed by the ECHR, as emphasized by the ECHR.