Lawyers disagree – what chance does youth climate lawsuit have now?

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In Austria, a climate action has been submitted to the Constitutional Court (VfGh). Legal opinions on this differ, state lawyers are sceptical. The Reds are even angry.

Twelve children and young people are submitting a climate action to the Constitutional Court (VfGH) because the federal government is endangering their future due to the lack of laws. But does the suggestion have a chance? Some lawyers say this is new territory and similar lawsuits are pending in many EU countries.

matter of personal interest
Others are skeptical, such as constitutional lawyer Peter Bußjäger. “Looking at the previous jurisprudence of the Constitutional Court, I have serious doubts. A rejection is very likely,” he tells the “Krone”. To challenge a law, one must be personally affected, and that is not the case here His constitutional law colleague, Bernd-Christian Funk, takes a similar view.

Already in 2020, Greenpeace failed with a similar lawsuit before the Constitutional Court. The current challenge is based on the argument that the “virtually ineffective Climate Protection Act of 2011” violates children’s rights and fails to reduce greenhouse gas emissions due to serious shortcomings.

Environment Minister Leonore Gewessler immediately gave support to the children and youth. “The great commitment of young people to climate protection always impresses me. They are actually fighting for their future. That is exactly why I am calling for a quick decision on the climate protection law. If I was solely responsible, it would have already happened,” the minister told Krone.

Criticism of the action came from coalition partner ÖVP. “I doubt that this lawsuit against the Republic is the right course of action,” Secretary-General Christian Stocker said. The government has already launched a large number of effective climate protection measures. Given that two NGOs are behind the lawsuit, the question also arises “whether the children and young people are not being used for completely different purposes,” says Stocker. FPÖ Secretary General Christian Hafenecker made a similar statement. However, the concerns of children and young people should be taken seriously.

SPÖ and young people are angry about the coalition
The SPÖ and youth representatives were angry with the government. The lawsuit “shows the failure of the federal government,” said SPÖ environment spokeswoman Julia Herr. The ÖVP and the Greens are already 782 days behind on the climate protection law. There is insufficient progress in climate policy. “Looking into the future is hopeless for many young people,” says youth representative Sabrina Prochaska. She calls for more speed in the climate protection of politicians.

Source: Krone

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