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Smaltini v. Italy: A Missed Opportunity to Sanction Ilva’s Polluting Activity Within the echr System

Smaltini v. Italy: A Missed Opportunity to Sanction Ilva’s Polluting Activity Within the echr System In the case of Smaltini v. Italy (application no. 43961/09, [2015]) – which originated from the alleged dramatic environmental impact of the Ilva steel factory in Taranto – the Court declared the application inadmissible due to the lack of an established causal link between the resultant pollution and damage effected. This decision – representing the most recent contribution from the ecthr to the development of an environmental dimension within the echr system – leaves, however, an open door for future applications against Ilva, in the event of more persuasive evidence and/or new scientific developments being able to prove the link between pollution and damage.This paper will therefore firstly evaluate the decision of Smaltini v. Italy, assessing to what extent this judgment constitutes the predictable outcome of an established jurisprudence. Secondly, it will speculate on the alternative, promising outcomes that the case could have had if the proof of a causal link had been fulfilled, in the light of existing ecthr case-law on environmental matters – especially as regards the application of the principle jura novit curia. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal for European Environmental & Planning Law Brill

Smaltini v. Italy: A Missed Opportunity to Sanction Ilva’s Polluting Activity Within the echr System

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1613-7272
eISSN
1876-0104
DOI
10.1163/18760104-01301006
Publisher site
See Article on Publisher Site

Abstract

In the case of Smaltini v. Italy (application no. 43961/09, [2015]) – which originated from the alleged dramatic environmental impact of the Ilva steel factory in Taranto – the Court declared the application inadmissible due to the lack of an established causal link between the resultant pollution and damage effected. This decision – representing the most recent contribution from the ecthr to the development of an environmental dimension within the echr system – leaves, however, an open door for future applications against Ilva, in the event of more persuasive evidence and/or new scientific developments being able to prove the link between pollution and damage.This paper will therefore firstly evaluate the decision of Smaltini v. Italy, assessing to what extent this judgment constitutes the predictable outcome of an established jurisprudence. Secondly, it will speculate on the alternative, promising outcomes that the case could have had if the proof of a causal link had been fulfilled, in the light of existing ecthr case-law on environmental matters – especially as regards the application of the principle jura novit curia.

Journal

Journal for European Environmental & Planning LawBrill

Published: Apr 18, 2016

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