The protection of the environment is emerging as one of the most significant issues of modern law. The Council of Europe, through the Congress of Local and Regional Authorities, has highlighted the need for the explicit recognition of the right to a safe, clean and sustainable environment as a fundamental right.
Although the European Convention on Human Rights does not expressly enshrine such a provision, the European Court of Human Rights has already developed, through its case law, a “green interpretation” of articles such as Article 8 ECHR (private and family life) and Article 2 (right to life), so as to cover cases of serious environmental degradation.
This jurisprudential approach de
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