Alcune riflessioni sul contenzioso climatico a partire dal Giudizio Universale e dal caso KlimaSeniorinnen. Quale dimensione assume il principio di separazione dei poteri?

In February 2024, the Court of Rome dismissed the first Italian climate change litigation, the Giudizio Universale, as inadmissible due to lack of jurisdiction. Just one month later, the ECtHR, in the case Verein KlimaSeniorinnen Schweiz et al. v. Switzerland, adopted its first ruling on climate change, declaring the Swiss state liable for violation of art. 8 of the Convention. Even if pronounced by two deeply different courts, the outcomes of the judgments offer the opportunity to reflect, both from a procedural and a substantive point of view, on some issues that make it difficult the configurability of climate change litigations in the Italian legal system, as well as to question the evolutionary process that is affecting the principle of separation of powers.