Access to pleadings in ECtHR Duarte Agostinho case
Sharona Brookman
Good morning,
One of our patrons is trying to access the pleadings in the Duarte Agostinho ECtHR case, in which six young people from Portugal filed a complaint with the European Court of Human Rights (ECtHR) against 33 states (application number 39371/20) for failure to adequately address the climate crisis.
The citation I have is:
Duarte Agostinho and Others/et autres – Portugal and 32 other States/ et 32 autres États, 39371/20, Communication 13.11.2020 [Section IV]
The intervenors' materials are available, but not the parties. The 33 EU countries named in the suit by the plaintiffs had a deadline early in June for responding to the Court's request.
Any assistance would be much appreciated.
Thank you, Sharona
Sharona Brookman
Reference Librarian
Osgoode Hall Law School
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Knobelsdorf, Andreas
Sharona,
In European countries it’s highly unlikely all papers handed in in a law case are published. Lots of reasons for that – data protection, strategy of the defendants, too much to read for law students, duplications, copyrighted material and so on.
You – or your patron – might look for official press releases of the respective states in case they published any. The keywords are few in this case. As English and French are the working languages of the court, many countries should have used these languages in case they thought it necessary to respond.
In case your patron is interested, this is the link to the press release of a very new judgement of the German Constitutional Court in a similar case: https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2021/bvg21-031.html;jsessionid=DD0933A62040B55E795945423553CF17.2_cid386.
Quite interesting as for the first time the rights of future generations are taken under consideration for the government existing to readjust its objectives for the reduction of carbon dioxide emissions in the next decades.
I’m not going to bet on that, but with the climate in Europe (the political one, nota bene), the ECHR might look into the same direction.
Best, Andreas, Hamburg
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