<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.</p>
</abstract>

The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.

The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection<xref ref-type="fn" rid="j_wrlae-2023-0009_fn_001"><sup>1</sup></xref>

PhD in Public and Administrative Law at the Departmental Study Centre for Law and Pluralism (BiLap)

School of Law – University of Milano-Bicocca

Wroclaw Review of Law, Administration & Economics

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection

The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in...

The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection¹

Published Online: Mar 02, 2024

Page range: -

DOI: https://doi.org/10.2478/wrlae-2023-0009

Keywords
Environment, fundamental rights, climate litigation, activism, legal standing, causal link, astreintes, separation of power, democracy

© 2023 Nadia Sima Spadaro, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection1

Published Online: Mar 02, 2024

Page range: -

DOI: https://doi.org/10.2478/wrlae-2023-0009

KeywordsEnvironment, fundamental rights, climate litigation, activism, legal standing, causal link, astreintes, separation of power, democracy

© 2023 Nadia Sima Spadaro, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection¹

Keywords
Environment, fundamental rights, climate litigation, activism, legal standing, causal link, astreintes, separation of power, democracy