The Federal Council criticises the recent verdict of the European Court of Human Rights (ECHR), which condemned Switzerland for climate inaction following a case brought by the Aînées pour le climat. It considers that Switzerland meets the requirements of the ruling in terms of climate policy.
While it supports Switzerland’s accession to the Council of Europe and the system of the European Convention on Human Rights, the Federal Council, like the Federal Chambers, criticises the broad interpretation of the ECHR in this case. Case law must not lead to an extension of the Court’s scope, it believes in a press release on Wednesday.
Following a case brought by the association of Seniors for the Climate, the ECHR has condemned on April 9, Switzerland for climate inaction. The ruling is final and sets a precedent. For the first time, a state has been caught out in this matter.
With this ruling, the Court has developed its convention, helping to extend it to protection against the effects of climate change, the Federal Council recalls. It has also affirmed the capacity of associations to appeal in climate matters.
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Laws not taken into account
The climate policy requirements set by the ruling are met by Switzerland, the Federal Council believes. With the Revised CO2 law Last March, the Confederation defined measures to achieve its climate objectives by 2030.
A development that the ECHR did not take into account in its ruling, criticises the government. The Court also did not consider the September 2023 law for a secure electricity supply based on renewable energies.
>> Read also: Federal Council in favour of lifting ban on construction of new nuclear power plants
“If we implement these laws, we will have all the necessary provisions to reduce CO2 emissions,” Federal Councillor Albert Rösti said in the Forum programme.
Report coming soon
The Federal Council is also opposed to extending the right of appeal for associations regarding climate issues. This would further complicate the implementation of urgent infrastructure.
The Federal Department of Justice and Police (FDJP) has nevertheless been given the mandate to prepare a report for the Federal Council by the end of 2025. It must detail the impact of the judgment on the practice of the federal administration and courts in matters of the right of appeal of associations.
The Federal Council will thus be able to take into account any subsequent developments in case law and the actions of other States parties to the European Convention on Human Rights.
Report to the Committee of Ministers
During the last summer session, Parliament had strongly criticised the ECHR’s verdict. Like the Federal Council, the Council of States and the National Council considered that Switzerland met the requirements of the ruling. They also criticised the extension of the European Convention on Human Rights to protection against climate change.
>> On this subject, reread: Parliamentary committee criticises ECHR ruling on Switzerland and climate
The Confederation will submit a report to the Committee of Ministers of the Council of Europe, which monitors the judgments of the European Court of Human Rights. It will set out in detail how Switzerland intends to implement this judgment. It will also inform it of the position of the Federal Council and Parliament and discuss the latest developments in legislation on climate and energy policy.
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