In light of an intensifying climate crisis and State’s continuous failure to cut emissions in line with the Paris Agreement, climate activism has increased in quantity and quality over the past years and the use of civil disobedience has become a prominent form of protest. Many liberal democracies in Europe have responded to the growing pressure from the streets by limiting the space for climate activism through legislative and executive measures such as restricting the right to assembly, tightening criminal laws, and excessively using existing powers. Since 2023, the use of laws designed to fight terrorism, extremism and organized crime against climate protests has marked a new level of escalation. Amidst this backdrop, the proposed project will conduct a comparative analysis of criminal proceedings in Germany, Spain, Italy, and Austria against climate activists for forming a “criminal organization”. Based on the findings, common trends and challenges to the rule of law will be identified and located within the broader context of human rights protection and democratic theory. The results are intended to inform a debate on what role disruptive climate protests play in liberal constitutional democracies and how civic spaces can be preserved in times of an escalating climate crisis.
Thu 10 Apr 2025 | 15:00–16:00
Necessary in a Democratic Society? The Prosecution of Disruptive Climate Activism as Organized Crime
Fellow Talk by Philipp Schönberger (Green Legal Impact Germany / FragDenStaat) | Chair: Maria Crippa (University of Milan) | Discussant: Colleen Boland (Radbound University)
Philipp Schönberger studied International Relations in Dresden and Law at the Humboldt University of Berlin. After his second state examination in February 2022, he started working for the environmental law NGO Green Legal Impact Germany e.V. in Berlin as a legal advisor for climate policy and the protection of climate activists. At the same time, he works as a freedom of information lawyer for the transparency initiative FragDenStaat, focusing on access to environmental information.
The Fellow Talk will be chaired by Maria Crippa, and Colleen Boland will be the discussant.