Giustizia ambientale, diritto alla vita e responsabilità dello Stato: brevi note a margine di Cannavacciuolo e altri c. Italia

The Cannavacciuolo and Others v. Italy judgment, delivered by the European Court of Human Rights on 30 January 2025, represents a significant turning point in the protection of the right to life in contexts of widespread environmental pollution. The case concerned the complex phenomenon of the so-called “Terra dei Fuochi.” The ECtHR found a violation of Article 2 of the European Convention on Human Rights, adopting a precautionary approach and moving beyond the need to demonstrate a di- rect causal link between pollution and the ensuing illness. Of central importance is the activation of the pilot-judgment procedure, which requires Italy to adopt structured and coordinated measures within two years of the judgment becoming final. The ruling is also noteworthy for its institutional implications, raising questions about the capacity of the Italian authorities to address structural phenomena with ordinary tools. The analysis will highlight the problematic aspects concerning the failure to rec- ognise standing for associations, the interpretative developments that led the Court to innovate its case-law under Article 2 – even though, as will be seen, a subsequent judgment has significantly limited the innovative scope of this ruling – and, finally, the persistent inertia of the Italian Government in definitively addressing the issue.