Climate Litigation
Dissensus in Europe: climate protesters before court
Professors Nathalie Brack and Ramona Coman (ULB) have co-edited a special issue of European Political Science: “Dissensus over Liberal Democracy in Europe“. The issue explores how liberal democracy is increasingly contested and eroded—not just by populist or fringe actors, but across the political spectrum: from national governments to EU institutions, courts, think tanks, and civil society.
Professor Christina Eckes contributed an article on how climate protests are testing the boundaries of legitimate democratic dissent. ‘Dissensus in Europe: climate protesters before court’.
Abstract
Democracies in Europe fail to take adequate climate mitigation measures. In response, not only legal, but also illegal acts of climate protesters are multiplying in Europe. This paper examines the criminalisation of climate protests in France, Germany, Switzerland, and the UK. Against the overarching concept of dissensus to which this special issue is dedicated, this contribution reflects on the role of judges who deprive the disobedient from the opportunity to communicate about their motives. The paper pays particular attention to the case of David Nixon in the UK, in which the judge prohibited Mr. Nixon from sharing his motivation or mentioning climate change in the court room. This demeans civil disobedience to an ordinary criminal act and deprives democracy of its self-correcting potential.
