re:constitution
2024/ 2025

Philipp Schönberger

Universitat Pompeu Fabra, Barcelona

Necessary in a Democratic Society? The Prosecution of Disruptive Climate Activism as Organized Crime

Philipp Schönberger is a public law attorney specialising in climate and environmental law, freedom of information law, as well as fundamental and human rights protection. Since 2022, he has been a member of the Legal Team at FragDenStaat, a project of the Open Knowledge Foundation e.V., where he focuses on access to environmental information and transparency rights. From 2022 to 2026, he also served as a legal advisor at Green Legal Impact e.V., providing legal counsel to environmental organisations, lawyers and activists on climate policy and the protection of climate activists. From 2019 until 2022, he has been coordinating a litigation project against the violation of migrants' human rights at the EU's external borders, successfully representing more than fifty applicants before the European Court of Human Rights (ECtHR) in both interim measures and ordinary proceedings. Previous work experiences include stays at the Institute for Advanced Sustainability Studies in Potsdam, the European Centre for Constitutional and Human Rights in Berlin, the ECtHR in Strasbourg and two law firms specialising in climate litigation. Philipp studied International Relations in Dresden and Law at Humboldt University of Berlin.

Necessary in a Democratic Society? The Prosecution of Disruptive Climate Activism as Organized Crime

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.