The first climate litigation of the history of Italy: with a lawsuit facing the Civil Court of Rome civil society sues the State italiano, represented by the presidency of Cabinet, to take responsibility for the absence of environmental policies effective in the face of the climate emergency. Among the 203 applicants, 24 are associations, 17 minors (represented in court by the parents) and 162 adults. The legal action is initiated as part of the awareness campaign evocatively titled ‘Universal Judgment‘. The first applicant is the ‘A Sud’ Association, which has been active for years in the field of justice environmental. “After decades of public statements who have not followed up any action that is up to the challenge imposed by the environmental emergency, the legal way is one formidable tool to put pressure on the state to multiply its efforts in the fight against climate change, ”he explains Marica Di Pierri, spokesperson for ‘A Sud’ and editor of the book ‘The cause of the century‘(Round Robin publisher) out today. Among the applicants also Luca Mercalli, president of the Italian Meteorological Society. “It has been for decades Italian state promises to reduce its impact on the climate, to mitigate risks, to build resilience towards the consequences of global warming – he underlines – but words do not correspond to facts, always insufficient e undersized with respect to urgency “. Not only that: “While the state promises with one hand transitions gave, with the other continues to support more practices mischievously for the environment”.
THE CAUSE – I applicants they were assisted by a legal team made up of lawyers and university professors, founders of the network of jurists Legality for the climate. Lawyers sponsor the case Luca Saltalamacchia, expert in the protection of human and environmental rights, e Raffaele Cesari, expert in civil environmental law, together with professor Michele Carducci, of the University of Salento, expert in climate law. This judgment is part of the climate disputes against states that are being celebrated all over the world. A forty the countries where a lawsuit has been initiated. “If the policy refuses to protect our right to a liveable future, it will be the law, through the cause of the Last Judgment, that will finally force it to act “he comments Filippo Sotgiu, spokesperson for Fridays for Future Italia and recurring.
THE APPLICANTS ‘REQUESTS – The goal, therefore, is to ask the court to declare that the Italian State is responsible of non-compliance in the fight against the climate emergency and that the commitment put in place is insufficient to achieve aims. “An insufficiency – add the lawyers – which results in the violation of numerous rights fundamental“. In fact, the relationship between human rights and climate change and the need to recognize a human right to stable climate it’s safe. “The health consequences of climatic variations have different aspects in different geographical areas but they affect everyone, regardless of collocation and from the economic or socio-cultural level ”he explains Agostino Di Ciaula, president of the Scientific Committee ISDE Italy, according to which the final result “is a progressive increase in individual vulnerability and a progressive reduction of the resilience capacity, with the most fragile segments of the population who pay earlier and more than other very high costs “. As the lawyers explain, the judge will not be asked for any compensation “but rather to order the state to demolish the emissions of greenhouse gases to bring them to a level compatible with the achievement of the targets set by theParis Agreement“. In detail, the appeal requests that the State be obliged “to reduce greenhouse gas emissions by 92% by 2030 compared to 1990 levels, applying the principle of fairness and the principle of responsibility common but differentiated (Fair Share), i.e. taking into account Italy’s historical responsibilities in greenhouse gas emissions and its own current technological capabilities and current financials “.
SUPPORTING DATA – The percentage of reduction of emissions was calculated by Climate Analytics, an independent organization for research on climate change, which produced a specific report for ‘A Sud’ on the evaluation of emission reduction trends in our country. According to what emerges from the report, following the current scenario of Italian policies, emissions by 2030 are expected to be 26% lower than 1990 levels. “According to these projections of the government – it is the conclusion – Italy will not be able to reach its modest goal of obtaining a reduction of 36% by 2030 as estimated by the Integrated National Plan for Energy and Climate (Trunk). Among the European countries planning the transition from coal to gas, for example, Italy has the highest gas consumption planned for the 2020s. And although our country is aiming for a share of 30% of renewable energy in gross final consumption of energy by 2030 “does not currently have the policies in progress to achieve this goal “. According to the applicants, Italy’s current target represents a level of such low ambition “that, if other countries were to follow it, it would probably lead to a heating overall unprecedented by over 3 ° C by the end of the century ”.