Ambiente e diritti umani nella sentenza Locascia della Corte europea dei diritti umani: tra espedienti tecnici e scelte di politica giudiziaria

Abstract

Moving from the analysis of the judgment of the European Court of Human Rights in the Locascia and Others v. Italy case, this article formulates some critical reflections on some jurisprudential guidelines detectable in the previous case-law concerning pollution from hazardous activities in general and waste disposal in particular. Firstly, it is shown how the judgment contributes to consolidate the Court’s tendency to turn to ad hoc criteria, in this specific case a simple presumption, in order to ascertain the applicants’ victim status. Secondly, it is noted how, symmetrically to the ruling on admissibility, the Court resorts to a simplified standard of proof even on the merits. Thirdly, one finds how the judgment confirms the Court's uncertain attitude with regard the definition of the scope of application of Article 8 ECHR as opposed to that of Article 2 ECHR in the field of protection from pollution.