Italian Court Poised to Deliver Landmark Ruling in Historic Climate Change Lawsuit Against the State[TITLE]

Italian Court Poised to Deliver Landmark Ruling in Historic Climate Change Lawsuit Against the State [UL] [LI]The case is named “Giudizio Universale” (Last Judgment)[/LI] [LI]Initiated by A Sud and over 200 associations and individuals[//LI] [/UL] [P]ROME – An Italian court is set to deliver a landmark ruling in the country’s first climate lawsuit against the state, with plaintiffs seeking a court order compelling Rome to implement drastic reductions in greenhouse gas emissions.

The case, titled “Giudizio Universale” (Last Judgment), was filed in June 2021 by environmental organization A Sud alongside more than 200 civil society groups and citizens. They allege that the Italian government has violated fundamental constitutional rights by failing to take adequate measures to meet its commitments under the 2015 Paris Agreement on climate change.

“I joined this legal action because it is my responsibility to raise awareness about the dangers of climate change,” said Luca Mercalli, a prominent climatologist and one of the plaintiffs, in an interview with AFP. He noted that the ruling could push institutions to act more decisively and effectively in response to the escalating climate emergency. “Moving to the Alps was not just a lifestyle choice—it was a necessity as heatwaves in the Po Valley become increasingly unlivable,” he added.

The plaintiffs originally requested that the court hold the state accountable for its role in exacerbating the climate crisis and mandate a 90% reduction in emissions below 1990 levels by 2030.

However, in 2024, a Rome-based tribunal dismissed key aspects of the case, aligning with the government’s claim that civil courts lack jurisdiction over national climate policy decisions—an assertion described by legal experts as unprecedented in Europe.

“This is the first time in Europe that a court has refused to rule on the substance of a climate case, effectively stating that judges have no authority to assess state conduct in this area,” said Luca Saltalamacchia, a lawyer representing A Sud. “Usually, courts either rule in favor of the plaintiffs or dismiss the case based on its merits—not simply decline to hear it altogether.”

Undeterred, the plaintiffs have appealed the decision, bolstered by new scientific evidence and strengthened by international precedents, including a 2024 judgment from the European Court of Human Rights affirming the link between climate protection and human rights obligations.

Their updated submission includes data on rising heat-related mortality rates across Italy, predictive models forecasting increased desertification and flooding risks, and documentation of ecological degradation affecting vulnerable communities.

The Rome Court of Appeal is expected to issue its verdict later this month. Legal observers say the outcome will carry significant weight, not only for Italy but potentially for other EU nations grappling with similar legal challenges tied to environmental accountability.

“What we’re seeing globally is a shift toward greater judicial engagement in climate litigation,” explained Jameela Joy Reyes, a climate law expert at the Grantham Research Institute, London School of Economics. “While earlier cases often faced reluctance from courts, recent rulings show a growing willingness to hold governments accountable for meeting their climate commitments.”

Since 2015, approximately 160 comparable lawsuits targeting government climate policies have been filed worldwide, with many resulting in legally binding outcomes favorable to climate action.

In a related development, A Sud has highlighted another pivotal moment in Italian environmental jurisprudence: last year, the nation’s highest court rejected the argument that judges are barred from hearing climate-related cases—an encouraging signal ahead of the upcoming decision in Giudizio Universale.

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