suggested citation: Lucia Ruggeri, Transizione ecologica e diritti transgenerazionali, lceonline (www.lceonline.eu), 2/2024, I/Saggi e contributi
key words: green transition, future generations, climate change litigation, Aarhus Convention
abstract: The concept of “future generations” assumed a constitutional importance at European and international level. It is linked to the problem of how to combine development with sustainability, which in turn takes on multiple meanings, not only environmental, but also economic and social. One understands the need to abandon methodological approaches based on linearity to accept the complexity that characterizes reality also in its legal component. In this context, it becomes difficult to apply to future generations traditional categories and it is necessary to identify in the principles of solidarity and precaution the reasons that underpin sacrifices, duties and obligations for the current society. Thus, there are rights, such as climate rights, whose protection may require a rethink of the current system as can be seen from the so called climate change litigations, among which stands out the judgment of the German Constitutional Court in the Neubauer case.
