Access to climate justice: the main procedural hurdles, and possible solutions, within the italian legal framework and the IBA Model Statute

The thesis deals with standing and justiciability in climate litigation against governments and the private sector. The first part addresses the impacts of climate change on human rights, the major developments in international climate law, and the historical reasons for climate litigation. The second part analyses several cases, divided into categories. It then draws to a comparative conclusion with regard to each category. The third part deals with the Italian legal tradition on standing and justiciability – starting from the historical roots of such rules. The fourth part introduces the ‘Model Statute’ drafted by the International Bar Association, arguing that the 'ratio legis' of this proposal could be implemented in Italy or the EU. The thesis develops arguments, based on the existing legal framework, to help plaintiffs establish standing and justiciability in proceedings pending before Italian courts. It further proposes the idea that 'citizen suits' are consistent with the Italian and EU legal tradition and that the EU could rely on citizen suits to privately enforce its climate law and policies under the ‘European Green Deal.’

Consumer behaviour: conceptualisation, scale development and validation of agro-food chain fairness

Although there is broad agreement on the need to transition to a fairer agro-food system, consumer potential in shaping a fair food system has often been overlooked. There is no unique definition of the concept of fairness from the consumer’s perspective. In addition, there are no scales in the academic literature that address fairness in its broad sense, as the existing scales focus on specific and limited aspects that provide a partial picture of the concept. Lack of a true and trustworthy measurement of the notion has been a significant barrier to the knowledge of fairness in agro-food systems from the individual-differences perspective. The individual-differences perspective helps explain why some individuals are more likely than others to put emphasis on the extent to which agro-food chains are fair. Individual consumer perception of an ethical problem is followed by the perception of various alternatives that might lead to a solution. Therefore, the current research intends to make two significant contributions by resolving these constraints. First, advance the literature by providing a new viewpoint to understand fairness in the agro-food chain. Indeed, the research provides a comprehensive conceptualisation of fairness that embraces different aspects of fairness and describes the concept in all its facets and nuances. Second, the research provides a valid, reliable, and invariant measurement of the individual disposition toward fairness in agro-food chains by rooting the items in the theoretical underpinnings of the fairness literature. Overall, this research provides a comprehensive suite of approaches and tools to enhance the resilience, integrity and sustainability of agro-food chains.

Interfaces between national and EU law: time limits in cross-border civil proceedings and their impact on the free circulation of judgments

The thesis aims at exploring possible legal solutions to remove the obstacles to the free circulation of judgments in the civil justice area that arise from the remarkably diverging national rules on procedural time limits. As shown by the case-law of the CJEU, time limits have recently come under closer scrutiny. The interplay between national and EU law illustrates that time limits raise significant deficiencies connected with the right to a fair trial under Art. 6 ECHR and Art. 47 CFR – e.g. the effective recovery of claims, effective judicial protection, effective cross-border enforcement of judgments – which negatively impact EU cross-border civil litigation. In order to overcome some of the weaknesses of the current legal framework governing the cross-border enforcement of judgments and strengthen the parties’ fundamental procedural rights the PhD thesis intends to determine whether and, to what extent time limits can be harmonised at EU level. EU action on time limits would indeed favour the speed, efficiency and proportionality of cross-border proceedings without sacrificing the fairness of the judicial process and the equality of the parties