The vulnerable interests of future generations, two key judgments for their understanding: STC 142/2024, of november 20 in relation to the Mar Menor and the ECHR Klimaseniorinnen, of april 9, 2024

Abstract

We are witnessing a paradigm shift in many aspects of life, but this is particularly evident in environmental matters. The climate emergency highlighted by science and technology calls for enhanced climate prevention, not only for the benefit of present generations, but also for those to come. The situation facing the judiciary is legally complex: incomplete regulations, a non-existent jurisdiction covering these aspects that transcend national sovereignty, with new challenges for procedural law, new interests, new subjectivities and new forms of protection. All this because we are dealing with public property, the protection of which requires a high degree of solidarity to protect it and, consequently, also the individual rights of persons. This is what the judgments under study refer to, always focused on future generations.