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Ex-Federal Judge Criticizes European Court’s Climate Ruling as Overreach

Ex-Federal Judge Criticizes European Court’s Climate Ruling as Overreach

Mo, Mai 20th 2024

Climate ruling by the European Court of Human Rights criticized as “legally untenable” by Brigitte Pfiffner, citing policy overreach and inadequate legal reasoning.

(KEYSTONE/Gaetan Bally)

Former federal judge Brigitte Pfiffner has criticized the European Court of Human Rights (ECtHR) climate ruling as “legally untenable.” Pfiffner, in an interview with SonntagsZeitung, argued that the court is overstepping by making policy instead of interpreting the Convention on Human Rights.

Pfiffner, who served nearly a decade as a judge at the Federal Supreme Court, stated that the ECtHR barely addressed central questions in the climate seniors’ case ruling. She questioned the association’s right to appeal and which human rights were violated. “This is dealt with in just eleven lines in the 138-page judgment,” Pfiffner noted, calling the reasoning insufficient.

She further criticized the ruling’s lack of a convincing answer on how the association’s “right to respect for private and family life” is restricted by Swiss climate policy. According to Pfiffner, this right can only accrue to natural persons.

Declining Reputation

Pfiffner warned that such politically influenced judgments undermine the court’s credibility. She pointed out that in countries like Germany, Austria, and England, there are already discussions about whether ECtHR rulings should remain binding or become merely advisory.

In early April, the ECtHR upheld a complaint by the Climate Seniors Association, finding Switzerland in violation of its climate protection duties under the Convention on Human Rights. Reactions among Swiss politicians varied, with the red-green party and environmental groups welcoming the ruling, while conservatives expressed concerns over judicial overreach.

©Keystone/SDA

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