ECHR Ruling Puts Austria Under Pressure on Climate Protection

The European Court of Human Rights convicted Switzerland in 2024 following a lawsuit by senior citizens due to insufficient climate protection. According to a legal opinion, this also compels countries like Austria to implement more effective measures, environmentalists from Greenpeace stated on Wednesday during an online press conference. They are therefore demanding a new law from the federal government to ensure the country's climate neutrality by 2040.
Government would be legally obliged to more effective climate protection
"We are flying blind on how we want to achieve the promised climate neutrality by 2040," said Jasmin Duregger from Greenpeace Austria. The coalition had "planned" the adoption of a new climate law in the government program 2025-2029 and announced it as "imminent." The ruling of the European Court of Human Rights results in certain requirements that it would have to meet, said environmental lawyer Margit Ammer from "Ökobüro," where the legal opinion was prepared.
The current climate protection law from 2011 would be inadequate in any case. It does not contain sector targets (for example, for transport, buildings, energy, and agriculture, note) for the reduction of greenhouse gas emissions from 2021 (but only from 2013 to 2020), and the mechanisms anchored in it have "already led to a failure to meet targets in the past," the legal opinion states.
Proof of effectiveness of measures and target achievement required
In a new climate law, measures and a target timeline for carbon neutrality would need to be established, as well as interim targets defined, said Duregger: "Since there are currently no sector targets anchored for the common areas of transport, energy, agriculture, CFC gases (chlorofluorocarbon gases, used as propellants, refrigerants, and solvents, note) and buildings, these should be included in the climate law and clearly defined."
Furthermore, proof would always be necessary as to whether the greenhouse gas targets were properly met or are in the process of being met, according to the environmentalists. The law should also "exclude the trade with international emission credits for national climate target achievement," it was stated: "Such certificates could lead to urgently needed measures being omitted domestically." Additionally, there have already been cases of double-counting of emission reductions in the country of origin and the country of accounting.
Right to climate protection measures for citizens
Through the climate law, the coalition should also create the possibility "that individuals and environmental protection organizations can apply for necessary climate protection measures in case of government inaction," Greenpeace further demands. If such an application were rejected or not processed, at least a decision should be issued. This could then be legally challenged, up to the Constitutional Court.
(APA/Red)
This article has been automatically translated, read the original article here.