We are very pleased to welcome Prof. Christian Calliess LL.M. (Eur), Professor of Public Law, in particular Environmental Law and European Law at Freie Universität Berlin, on 24.01.2024 at 17h (c.t.) in our lecture series "The Future of Nature and Society: Policies, Governance Rules" with a lecture on the highly topical subject of "Intertemporal Environmental Protection through Law".

Summary:

The lecture starts with an analysis of the state objective of environmental protection pursuant to Article 20a of the Basic Law and the state's explicitly stated duty to protect the natural foundations of life, also in responsibility for future generations. The interfaces with the principle of sustainability, the debt brake of the financial constitution and the new construct of the Federal Constitutional Court of "intertemporal safeguarding of freedom" are then examined. According to the thesis, Article 20a of the Basic Law formulates an "ecological debt brake".

The fundamental rights dimension of the topic is then addressed. Duties to protect compete here with the Federal Constitutional Court's new construct of "intertemporal safeguarding of freedom" and "interference-like prior effect". In this respect, open questions and objections are addressed and the transferability of climate protection to other environmental law constellations, such as the protection of biodiversity, is discussed.
Finally, the procedural dimension of the topic is examined: Are there constitutional requirements for intertemporal environmental protection through procedures? What added value would this have and how can it be guaranteed? In this respect, it is about the governance of intergenerational environmental policy "over time".

The lecture will take place online. Please be aware this lecture will be held in German. If you are interested, please register at the following link:
https://uni-trier.zoom-x.de/meeting/register/u5YqcemsrDMqG9aV-WeXKaWPoW4tygvHQH4k

Prof. Dr. Peters has published a new book together with Prof. Dr. Lohse and other authors. The book entitled "Sustainability through Participation? Perspectives from National, European and International Law." is now available.  The book is part of the series Legal Aspects of Sustainable Development. It focuses on the relationship between sustainability and public participation and legal issues within these fields. For more information, please visit the publisher's website.

Markus P. Beham is a private lecturer in public law, international law, European law and foundations of law at the University of Passau and teaches at the Institute for European, International and Comparative Law at the University of Vienna.

His research focuses on public law in its European and international dimensions and on alternative dispute resolution. He is editor of the journal 'Nachhaltigkeitsrecht'.

Prof. Dr. Peters and part of her team will be travelling to the hearing of the first climate case at the European Court of Human Rights in Strasbourg, Duarte Agostinho and others, on 27.09.

If you would like to come along, please write an email to Lilian Lee Hoffmann from Team Peters.

Departure 05:00h from Trier. Returning approx. 19:00h possibly earlier, on the same day.

Transport is free, bring your own provisions.

Prof. Peters' Chair was fortunate to be able to attend the ECHR hearing on 29 March 2023 with some staff and students as spectators.

Once there, the crowd to the European Court of Human Rights (ECHR) was already enormous. The reason? The first two climate change cases were being heard at the Court. Due to the particular relevance of the issues raised, the appeal was heard by the Grand Chamber of the ECHR.

KlimaSeniorinnen Schweiz is an association supported by Greenpeace, consisting of 2038 exclusively female members. The KlimaSeniorinnen claim before the ECHR that as an older, female population group they are particularly affected by the consequences of global warming and assert their rights under Article 2 of the ECHR in this regard.

The complaint of the KlimaSeniorinnen contains some important questions concerning both the admissibility and the merits of climate change cases, which will enable the ECHR to make a landmark decision in this regard.

The very assignment of the Swiss KlimaSeniorinnen case to the Grand Chamber of the ECHR shows the explosive nature of the questions to be answered. All parties have identified the states as responsible actors in the fight against climate change - but the judicial reviewability of the state measures still raises questions. The decision on standing can also be eagerly awaited. A positive answer could trigger a far-reaching wave of lawsuits on the grounds of a wide variety of affectedness and would open the door to climate lawsuits as a whole.

The ECHR has shown a keen interest in taking a position on the substantive issues in this case. It will be particularly exciting to see how the ECHR will balance the threat to human rights posed by global warming on the one hand, and the democracy and sovereignty of states as the core of the ECHR on the other.

If you are interested in an exact detailed classification of the hearing, two of our staff members have published a very readable article in the JUS.

Entrance hall of the ECJ

As part of the lecture course on European Law under Professor Peters, a group of students were given the opportunity to visit the ECJ.

After a short introduction by Dr. Lauer (research assistant, cabinet member of Judge Laitenberger) one of the lecturers we were able to recruit for the course on European Law, we went on to the big stage of European Law.

We were allowed to watch a hearing of the European Court of Justice. The case was c-27/22, a preliminary ruling by an Italian court on questions arising from a case against VW, which arose from the diesel scandal. Representatives of the Italian government, the Dutch government, the European Commission, and VW's representatives were already in the courtroom.

The door behind the judges' seats opened and everyone stood up. The following 3 hours flew by. It was exciting to see European law, which one otherwise only knew from the pages of textbooks, come to life before one's own eyes. A lively discussion on the interpretation of European law, by the best lawyers from the most diverse countries in Europe, and simultaneously in a total of 4 languages.

After the lunch break in the cafeteria of the ECJ, the event continued with a lecture by Ms K. Andová (research assistant, cabinet member of Mr Justice Csehi). As the visit took place as part of the course on European Law, Ms Andová went through the court proceedings that took place in case c-27/22 with us. She was pleased with our visit, and mentioned it was a change that she could welcome students to her place of work.

Next on the agenda, we had Mr Laitenberger, a judge at the Court of Justice of the European Union, who had agreed to hold a Q&A session with us. Mr. Laitenberger answered all our questions in a very relaxed manner, from cases that had particularly stuck in his mind, his everyday life at the court to tips and tricks for a career in the EU institutions.

Later, we had a guided tour through the beautiful buildings of the ECJ, which left us in awe. We started our journey home, on the one hand reluctantly and on the other hand with buzzing heads. If you are curious about excursion, feel free to check us out on Instagram.

On February 24, 2022, Russia invaded Ukraine. Russia has been waging war against Ukraine since the illegal annexation of the Crimea Peninsula and the beginning of military support for pro-Russian separatists in the Donbas. Now, however, the Russian regime is going even further, denying Ukraine its sovereignty and the Ukrainian people their right to self-determination. This war is also an attack on the international law order that has been in place since 1945.
In interviews with the "Trierischer Volksfreund" and "SWR", Prof Dr Birgit Peters takes a look at Russia's aggression from the perspective of public international law and explains why it is also important for Putin's war to be dealt with legally before international courts.
For further information you might, for example, refer to the website of the journal "Osteuropa", published by the "Deutsche Gesellschaft für Osteuropakunde e.V.", containing key documents in German translation - such as President Putin's declaration of war, President Zelensky’s speech, as well as analyses and interviews on the situation.
If you want to actively help those affected, you can find an overview of different organizations and how to support them here.
Furthermore, the Association for Student Exchange in Central and Eastern Europe (GFPS) e. V. has set up a page on which a lot of information and offers of help are compiled.You can find information on legal issues on the website of the ICC, the ICJ or the ECtHR.

Prof. Dr. Peters and Ms. Arling have written a very informative article on the recent ruling of the "Bundesverfassungsgericht".

Professor Peters published the book "Legitimation through Public Participation?" in August 2020. It is the printed version of her 'habilitation' thesis. You can find more information about the book at the publishing house Mohr Siebeck.