EU Asylum Law and Disaster Displacement: The Tribunal of Milan’s Evolutive Yet Shaky Interpretation of Serious Harm

A recent decree issued by the Italian Tribunal of Milan recognizes subsidiary protection in the context of disaster displacement. Severe human rights violations caused by extreme weather events in combination with the country of origin’s failure to prevent and protect against disasters have been considered as reaching the threshold of serious harm required by the EU Qualification Directive. This decree enshrines both positive elements, indicative of an evolutive interpretation of disaster displacement and of human rights obligations in such context, as well as a shaky interpretation of key requirements of subsidiary protection as provided by EU law and as interpreted by the Court of Justice of the EU.