The BVerfG and the ECJ face a new challenge: climate change litigation in light of the extraterritorial protection of fundamental rights?

The BVerfG’s decision on the Klimaschutsgesetz and the CJEU’s judgment in the Carvalho case give rise to a series of novel considerations regarding not only climate litigation, but the protection of fundamental rights in an extraterritorial dimension. Starting from an overview of the two abovementioned decisions, it is worth assessing which procedural tools are currently available to preserve the right to life and, more generally, the inviolable rights of human beings at an “ultra-national” level. An understanding of their shortcomings will lay the basis for a reflection upon new procedural mechanisms that may ensure the extraterritorial protection of fundamental rights.