The Constitutional Court declares the exclusion of the suspensive effect of complaints in the Upper Austrian Nature Conservation Act unconstitutional
The Constitutional Court (VfGH) ruled that a provision in the Upper Austrian Nature Conservation Act (OÖ NSchG) excluding the suspensive effect of complaints was unconstitutional. Normally, complaints against administrative decisions automatically have a suspensive effect, preventing actions like gas exploration drilling until a final ruling. The OÖ NSchG reversed this principle, requiring a special request to grant suspensive effect.
The VfGH found this unnecessary, as general administrative law already allows revoking the suspensive effect in urgent cases. Since irreversible environmental damage could occur, authorities must carefully assess this risk. The provision was annulled, restoring the general rule that complaints are suspensive unless explicitly revoked.
ECtHR: Environmental pollution and the Right to Life – Cannavacciuolo et al. v. Italy
The European Court of Human Rights (ECtHR) ruling in Cannavacciuolo et al. v. Italy is notable as the first to build upon the KlimaSeniorinnen v. Switzerland case, though it does not concern climate change. Instead, it addresses extensive, long-term environmental pollution in Italy's Campania region ("Terra dei Fuochi"), where criminal organizations have illegally dumped and buried hazardous waste. The court found a violation of the right to life (Article 2 ECHR) due to the Italian authorities’ decades-long inaction, marking the first time the ECtHR recognized such a violation in an environmental pollution case. The court also issued a pilot judgment under Article 46 ECHR, requiring Italy to implement general measures within two years.
Regarding victim status (Article 34 ECHR), the ECtHR ruled that associations lacked standing, as they were not directly affected by the health risks caused by the pollution and did not demonstrate exceptional circumstances justifying representation of their members.
On the right to life, the court emphasized the need for states to adopt effective preventive measures against dangerous activities that pose imminent and serious risks to human life. The Italian authorities failed to address the issue with the necessary diligence, despite long-standing knowledge of the hazards. The ECtHR also highlighted the public’s right to information and concluded that the lack of a coordinated, systematic response violated the applicants’ right to life.