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.
