Verfassungsblog (Apr 2024)

The European Court of Human Rights’ Kick Into Touch - <p>Some comments under <em>Carême v. France</em></p>

  • Marta Torre-Schaub

DOI
https://doi.org/10.59704/b7fd7e0a0986e99a
Journal volume & issue
no. 2366-7044

Abstract

Read online

On April 9, 2024, the European Court of Human Rights (ECtHR) ruled on three applications concerning the fight against climate change and the positive obligations of the signatory states of the European Convention on Human Rights (ECHR) in this respect. This blog post analyzes the Carême decision in which the Court declared inadmissible an application brought by a former mayor of a French town on the grounds of incompatibility ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (§ 88). In my view, this is an ill-developed decision, which could dangerously imply a regression in environmental matters.

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